Terms of Service

Last updated: March 23, 2026

These Terms of Service ("Terms") govern your use of the JAMr FIT platform ("Service"), a product of Rettertek LLC ("JAMr FIT", "we", "us", "our"). By creating an account or using the Service, you ("Customer", "you") agree to these Terms.

1. Service Description

JAMr FIT is a multi-tenant CRM and communication platform designed for fitness businesses. The Service provides tools for member management, email and SMS communications, workflow automation, scheduling, and related business operations.

2. Account Responsibilities

You are responsible for:

• Maintaining the security of your account credentials
• All activity that occurs under your account
• Ensuring that all users you invite to your organization comply with these Terms
• The accuracy and legality of data you store on the platform
• Maintaining appropriate backups of your business data

3. Acceptable Use

You agree to use the Service in compliance with all applicable laws and regulations. You must not:

• Send unsolicited messages (spam) or messages to contacts who have not provided consent
• Misclassify marketing communications as transactional messages to circumvent opt-out requests or regulatory requirements
• Use the platform to send content that is illegal, harmful, threatening, abusive, or otherwise objectionable
• Attempt to gain unauthorized access to other accounts or systems
• Use the Service in any way that could damage, disable, or impair the platform
• Resell or redistribute access to the Service without authorization

4. Messaging Compliance

• Obtaining proper consent from recipients before sending SMS or email communications
• Accurately categorizing messages as transactional or marketing in accordance with applicable law
• Honoring opt-out requests promptly
• Including required disclosures in marketing communications
• Maintaining records of consent as required by law

JAMr FIT provides tools to help you manage consent and compliance (opt-in tracking, opt-out handling, message categorization), but the responsibility for proper use of these tools rests entirely with you.

5. Data Ownership and Processing

You retain ownership of all data you store on the platform ("Customer Data"). JAMr FIT acts as a data processor on your behalf. We process Customer Data only as necessary to provide the Service and as directed by you.

You are the data controller and are responsible for ensuring that your collection, storage, and use of personal data through the platform complies with applicable data protection laws, including obtaining necessary consents from your members.

6. Support Access

JAMr FIT support staff do not have access to your business data (member records, messages, workflows, etc.) by default. You may grant or revoke support access at any time from your Settings page. When support access is enabled:

• Our support team may view your account data for the purpose of troubleshooting and technical assistance
• All support access is logged in an audit trail visible to you
• You can revoke access at any time, and it will take effect immediately

Granting support access does not transfer data ownership or control to JAMr FIT.

7. Intellectual Property

JAMr FIT retains all rights to the platform, its code, design, features, and documentation. You retain all rights to your Customer Data. These Terms do not grant either party any rights to the other party's intellectual property except as expressly stated.

8. Limitation of Liability

To the maximum extent permitted by law, JAMr FIT shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to:

• Claims arising from messages you send through the platform
• Regulatory fines or penalties resulting from your messaging practices
• Loss of data, revenue, or business opportunities
• Errors or interruptions in the Service

Our total liability for any claims arising under these Terms shall not exceed the fees you paid to JAMr FIT in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless JAMr FIT, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any claims by third parties related to communications you send through the platform
• Any claims related to your collection, storage, or use of personal data through the platform

10. Termination

Either party may terminate this agreement at any time. Upon termination, your access to the Service will be disabled. We will retain your data for a reasonable period to allow you to export it, after which it will be deleted in accordance with our Privacy Policy.

We may suspend or terminate your account immediately if we believe you are violating these Terms or applicable law.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

12. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. Any disputes shall be resolved in the courts located in Florida.

13. Contact

For questions about these Terms, contact us at legal@jamrfit.com.