1. Agreement to These Terms
These Terms & Conditions ("Terms") form a binding agreement between you ("Customer," "you") and PTSinnovations, Inc ("we," "us," "our") governing your subscription to and use of our white-label diet and fitness tracking platform, including the web application, Progressive Web App, control panel, and related services (the "Service"). By checking the agreement box, starting a subscription, or using the Service, you accept these Terms. If you are accepting on behalf of a business, you confirm that you have authority to bind that business.
2. The Service
We provide the Service on a subscription basis with the features available at the time of use. We may add, modify, or remove features, integrations, or functionality at any time to improve the Service, maintain security, or respond to changes by third-party providers. We will try to give reasonable notice of changes that materially reduce core functionality.
3. Accounts, Staff & Your End Users
- You are responsible for keeping your login credentials secure and for all activity under your account, including activity by any staff or administrative accounts you create.
- Each plan includes a maximum number of end users. You may not exceed your plan's limit or share accounts to get around it.
- Your end users are your customers, not ours. You are solely responsible for your relationship with them, including any coaching, programs, pricing, communications, and support you provide to them.
4. Subscription, Billing & Renewal
- Subscriptions are billed monthly in advance through our payment processor (Stripe) and renew automatically each month until canceled. You authorize us to charge your payment method on each renewal date.
- Promotional offers (such as a discounted first payment) apply only as described at the time of purchase and at checkout. After any promotional period, your plan renews at its regular monthly price.
- Prices do not include applicable taxes, which you are responsible for. We may change plan pricing with at least 30 days' notice; the new price applies starting with your next renewal after that notice.
- If a payment fails, we may suspend access to the Service until your account is brought current.
- Plan changes are available, though a small account change fee may apply.
5. Cancellation & Refunds
You may cancel at any time from your control panel. Cancellation takes effect at the end of your current billing period, and you will keep access until then. Payments are non-refundable, and we do not provide refunds or credits for partial months, unused user slots, unused features, or downgrades, except where required by law. Custom arrangements may be subject to a minimum term set out in a separate written agreement.
6. AI Features & Third-Party Services
- Certain features of the Service use artificial intelligence provided by third parties, currently Google Gemini. We may change AI providers or models at any time.
- AI features are subject to usage limits per user. These limits may vary by plan and may be adjusted from time to time. When a limit is reached, AI features may be unavailable for that user until the limit resets.
- Changes, updates, pricing changes, policy changes, deprecations, or outages by Google Gemini (or any other third-party provider) may cause AI features to change, perform differently, or be temporarily or permanently unavailable. Such events are outside our control and do not entitle you to a refund, credit, or other compensation.
- AI-generated content can be inaccurate, incomplete, or inappropriate. It is provided for general informational purposes only and should be reviewed before anyone relies on it.
- To provide AI features, content submitted to them (such as food logs or questions) is sent to the third-party provider for processing under that provider's terms.
- The Service may also rely on other third-party services (such as hosting, payment processing, and food or barcode databases). We are not responsible for the availability or accuracy of third-party services.
7. Health & Fitness Disclaimer
The Service is a tracking and coaching tool. It does not provide medical, nutritional, or professional health advice, and it is not a substitute for advice from a qualified healthcare provider. Nutrition data, calorie estimates, AI responses, and other information in the Service may contain errors. You are solely responsible for any guidance, programs, or recommendations you give your end users, and you should encourage them to consult a physician before starting any diet or exercise program.
8. Your Data & Privacy
- You retain ownership of the content and end-user data in your account. You grant us a limited license to host, store, process, and display that data as needed to provide and support the Service.
- You are responsible for providing any required privacy notices to your end users, obtaining any necessary consents, and complying with laws that apply to your business and your collection of their information.
- The Service is not designed to store protected health information under HIPAA, and you agree not to use it for that purpose unless we have signed a separate written agreement covering it.
- After your subscription ends, we may permanently delete your account data after 30 days. It is your responsibility to keep copies of anything you need before canceling.
9. Acceptable Use
You agree not to use the Service to: violate any law; upload infringing, harmful, abusive, or misleading content; send spam; attempt to gain unauthorized access to the Service or other accounts; reverse engineer, copy, or resell the underlying software outside of your plan; circumvent user, AI, or other usage limits; or interfere with the Service's security or performance.
10. Branding & Intellectual Property
You keep all rights to your own logo, name, and branding, and you grant us permission to display them within your branded version of the Service. You confirm that you have the rights to any branding or content you upload. We retain all rights, title, and interest in the Service, software, and underlying technology. If you share feedback or suggestions, we may use them without obligation to you.
11. Domains
Included subdomains are provided only while your subscription is active. If you use your own domain, you are responsible for registering it, renewing it, and configuring its DNS settings. We are not responsible for issues caused by domain registrars or DNS providers.
12. Availability & Support
We work to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance, updates, or events outside our reasonable control. Support is provided through the channels included with your plan.
13. Suspension & Termination
We may suspend or terminate your access, with or without notice, if you fail to pay, violate these Terms, or use the Service in a way that creates legal, security, or operational risk for us or others.
14. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL AI FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, CUSTOMERS, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
16. Indemnification
You agree to defend, indemnify, and hold us harmless from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content or branding, your end users, any coaching or health guidance you provide, or your violation of these Terms or any law.
17. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the control panel. Continuing to use the Service after changes take effect means you accept the updated Terms.
18. Governing Law
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Illinois, and you consent to their jurisdiction.
19. General
These Terms are the entire agreement between you and us regarding the Service, unless we have signed a separate written agreement with you. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent.