Master SaaS Terms

Version: v1.0.0 Effective Date: August 8, 2026 Last Updated: August 8, 2026

Contract Structure. These Master SaaS Terms are incorporated into the applicable signed Order Form or Quote. The Order Form and these Terms, together with any incorporated addenda, form the Agreement between Premier TEK LLC d/b/a RetterTEK and Client.

1. Agreement; Definitions; Order of Precedence

These JAMr FIT Master SaaS Terms (the “Terms”) govern Client’s access to and use of JAMr FIT and related services provided by Premier TEK LLC, an Illinois limited liability company doing business as RetterTEK (“RetterTEK”). JAMr FIT is a software platform owned and operated by RetterTEK. These Terms are incorporated by reference into each Order Form, Quote, statement of work, or other ordering document accepted by Client (each, an “Order Form”). “Client” means the business entity identified on the applicable Order Form, including its authorized users. “Services” means JAMr FIT, including CRM, messaging, workflow, automation, data integration, forms, timekeeping, reporting, AI-assisted functionality, storage, and other modules or features ordered by Client. “Client Data” means data, content, records, files, communications, member information, employee information, and other information submitted to or processed through the Services by or on behalf of Client. The Agreement consists of: (a) the applicable Order Form; (b) these Terms; and (c) any expressly incorporated addendum or policy, including the Messaging & Compliance Addendum, Data Processing Addendum, Acceptable Use Policy, Privacy Policy, and Data Deletion Policy. If there is a conflict, the Order Form controls solely with respect to pricing, subscription quantities, locations, implementation scope, Subscription Start Date, Initial Term, and other expressly negotiated commercial terms. These Terms control all other matters unless a document expressly states otherwise.

2. Subscription Term; Renewal; Fees

2.1 Initial Term

Unless the Order Form states a longer period, each paid subscription begins on the Subscription Start Date and continues for an initial non-cancelable term of twelve (12) months (the “Initial Term”), except as expressly provided for uncured material breach in this Agreement. Client remains responsible for all committed subscription fees through the end of the Initial Term regardless of usage, temporary suspension, staffing changes, location changes, or Client’s internal business decisions.

2.2 Month-to-Month Renewal

At the end of the Initial Term, the subscription automatically continues on a month-to-month basis unless otherwise agreed in writing. After the Initial Term, either party may terminate the subscription upon at least thirty (30) days’ written notice.

2.3 Additions and Reductions

Client may add users, locations, licenses, modules, services, or usage capacity during the Initial Term. Added quantities may be prorated and billed beginning when enabled. Client may not reduce committed subscription quantities or committed recurring fees during the Initial Term unless RetterTEK approves the reduction in writing. After conversion to month-to-month, quantity changes may take effect on the next billing cycle subject to RetterTEK’s billing cutoff and any applicable minimum commitments.

2.4 Fees and Payment

Client shall pay all fees stated in the Order Form. Unless otherwise stated, recurring fees are billed monthly in advance and usage-based fees are billed in arrears or as incurred. Fees are non-refundable except where this Agreement expressly provides otherwise. Client is responsible for applicable sales, use, excise, telecommunications, or similar taxes, excluding taxes based on RetterTEK’s net income.

2.5 Late Payments

RetterTEK may charge interest on undisputed overdue amounts at the lesser of 1.5% per month or the maximum lawful rate, together with reasonable collection costs. RetterTEK may suspend Services for materially overdue undisputed amounts after reasonable notice.

3. License; Accounts; Authorized Use

Subject to Client’s payment of applicable fees and compliance with the Agreement, RetterTEK grants Client a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Services for Client’s internal business operations. Client is responsible for all activity under Client accounts and for provisioning, deprovisioning, and supervising users. Client shall use role-based permissions and multi-factor authentication where offered and appropriate, maintain credential confidentiality, promptly remove access for former personnel, and notify RetterTEK of suspected unauthorized access. Client shall not reverse engineer, copy, resell, scrape, circumvent technical controls, interfere with platform security, introduce malicious code, or use the Services except as permitted by the Agreement and Acceptable Use Policy.

4. Platform Role; Client Responsibility

RetterTEK provides hosted software, infrastructure, workflow execution, data processing, communications-routing functionality, and technical support. Except under a separate written agreement expressly providing otherwise, RetterTEK is not Client’s employer, co-employer, professional employer organization, payroll company, law firm, compliance consultant, advertising agency, telemarketer, healthcare provider, medical provider, or HIPAA Business Associate. Client controls and is responsible for the business decisions made through the Services, including whom Client contacts, the purpose and content of communications, workflow configuration, automation triggers, user permissions, employee policies, consent language, data collection, imported records, and legal classifications. Nothing in the Agreement determines a party’s statutory status against a governmental authority or third-party claimant where applicable law determines that status independently. The parties nevertheless intend that Client control the substance, purpose, audience, and legal basis of Client’s regulated business activities.

5. Messaging, Email, Voice, and Recipient-Location Compliance

5.1 Client Is the Communicating Business

As between RetterTEK and Client, Client is the business initiating, directing, and authorizing all SMS, MMS, email, telephone, prerecorded, automated, workflow-generated, and other communications sent through or in connection with the Services (“Client Communications”). Client determines recipients, timing, purpose, classification, content, frequency, and legal basis.

5.2 Compliance Responsibility

Client is solely responsible for determining and satisfying laws applicable to Client Communications, including the Telephone Consumer Protection Act, FCC rules, the Telemarketing Sales Rule, CAN-SPAM Act, state telemarketing and mini-TCPA laws, do-not-call requirements, state privacy laws, call-recording laws, and other federal, state, and local requirements.

5.3 Recipient Location

Client acknowledges that applicable obligations may depend on the recipient’s residence, physical location, telephone number, or other jurisdictional facts rather than Client’s headquarters or club location. Client shall not assume that the law of Client’s headquarters governs every recipient. Where JAMr FIT uses a club, tenant, account, or user timezone as a scheduling proxy, Client remains responsible for stricter requirements that may apply based on recipient location.

5.4 Consent

Client shall obtain, maintain, and document prior express consent, prior express written consent, or another lawful basis whenever required. Client is responsible for the sufficiency of consent language used in membership agreements, lead forms, websites, QR codes, advertisements, check-in flows, verbal scripts, imports, and other acquisition channels.

5.5 Opt-Outs and Suppression

Client shall honor STOP, unsubscribe, do-not-call, revocation, and other legally effective opt-out requests and shall not bypass, defeat, or work around suppression controls. Client remains responsible for reassigned, recycled, mistyped, or disconnected telephone number risk to the extent applicable law allocates that risk to the caller or sender.

5.6 Compliance Tools

Quiet-hour controls, STOP/START processing, suppression lists, consent flags, audit logs, default marketing classifications, and other compliance-oriented features are administrative safeguards only. They are not legal advice, legal determinations, compliance certifications, or warranties that a particular communication is lawful.

6. Consent Records; Imports; Franchise and Cross-Location Use

Client represents and warrants that all contact information and personal data entered, uploaded, imported, or synchronized into the Services was lawfully collected and may lawfully be processed for the purposes Client configures. RetterTEK does not review or approve Client membership agreements, privacy notices, lead forms, verbal scripts, or other materials from which Client claims to derive consent unless RetterTEK separately agrees in writing to perform that review. The Services may record timestamps, source identifiers, status changes, keyword events, user actions, form versions, and other consent-related evidence (“Consent Audit Data”). Consent Audit Data is an administrative and evidentiary tool only. Its existence does not establish that consent was legally sufficient, appropriately scoped, unrevoked, or applicable to a particular communication. Where Client or a third-party integration designates an individual as opted in, marketing consented, transactional, membership consented, franchise consented, or using similar terminology, RetterTEK may rely on that Client-supplied designation without independently validating the underlying agreement or facts. This includes data imported or synchronized from ABC Financial, HubSpot, Meta, CSV files, lead providers, other CRMs, or similar sources. If Client asserts that a member’s consent extends to a franchisor, franchise system, affiliated location, or commonly branded location, Client represents and warrants that the applicable agreements and law support that scope. A member’s visit, booking, class attendance, or transaction at another location does not by itself constitute a determination by RetterTEK that marketing consent exists for that location. Client shall not use transactional or appointment-reminder pathways to transmit marketing content to recipients lacking the applicable marketing consent.

7. Transactional vs. Marketing Classification; Content

Client and its administrators are responsible for correctly classifying communications as marketing, telemarketing, transactional, informational, relationship, service, emergency, or another legally relevant category. RetterTEK may default ambiguous or unclassified communications to the more restrictive available category, including marketing, as a risk-control measure. Such defaulting is not legal advice. Client shall not classify or route marketing communications as transactional, informational, service-related, or otherwise exempt for the purpose of avoiding consent, opt-out, suppression, or quiet-hour controls. Intentional circumvention constitutes a material breach. Client is solely responsible for the content of Client Communications, including pricing, promotions, membership terms, fitness claims, health or nutrition statements, images, links, intellectual property, employment opportunities, compensation statements, and other representations. Client shall not transmit unlawful, deceptive, defamatory, threatening, harassing, discriminatory, infringing, phishing-related, malicious, or otherwise prohibited content.

8. Carriers; A2P; Third-Party Communications Providers

Client shall provide complete and accurate information required for A2P 10DLC, toll-free verification, brand registration, domain authentication, sender verification, or other communications-industry registration. Client is responsible for the accuracy of use-case descriptions, campaign information, websites, opt-in descriptions, and business information submitted on Client’s behalf. Carriers, aggregators, email providers, and communications vendors may filter, reject, delay, block, suspend, or terminate traffic or registrations. RetterTEK does not guarantee message delivery, registration approval, telephone-number availability, inbox placement, carrier acceptance, or uninterrupted third-party service. Client shall pay applicable carrier, registration, telecommunications, and pass-through fees stated in the Order Form or pricing schedule. RetterTEK may use and replace subprocessors and communications vendors reasonably necessary to provide the Services, subject to applicable data-protection obligations and RetterTEK’s then-current subprocessor disclosures.

9. Privacy; Controller/Processor Roles; Client Data

For personal data processed by RetterTEK solely to provide the Services on Client’s behalf, Client is the business, controller, or equivalent responsible party, and RetterTEK is Client’s service provider, contractor, processor, or equivalent downstream provider, as those terms are defined by applicable privacy law. Client determines the purposes and essential means of processing Client Data and represents that it has provided required notices and obtained required consents or other lawful authority for collection, disclosure, and processing. RetterTEK shall process Client Personal Data to provide, maintain, secure, support, and improve the Services as permitted by the Agreement, pursuant to Client’s documented instructions, as otherwise permitted by the Data Processing Addendum, or as required by law. RetterTEK does not sell Client member phone numbers or email addresses and will not sell or share Client Personal Data for cross-context behavioral advertising except where expressly disclosed and lawfully authorized. Client is responsible for receiving and determining how to respond to access, deletion, correction, opt-out, restriction, and similar requests from members, employees, and other data subjects. RetterTEK will provide commercially reasonable assistance as specified in the Data Processing Addendum. If Client is subject to GDPR, UK GDPR, or another law requiring additional processor terms, the parties shall use RetterTEK’s applicable Data Processing Addendum and transfer mechanism.

10. HIPAA; Sensitive Fitness Data; Prohibited Data

10.1 No HIPAA Service

JAMr FIT is not offered as a HIPAA-compliant service, and RetterTEK does not enter into a Business Associate Agreement for the Services unless RetterTEK expressly agrees in a separately executed writing. Client shall not upload, store, or transmit Protected Health Information subject to HIPAA, including clinical diagnoses, medical records, insurance information, or clinical treatment notes.

10.2 Sensitive Fitness Data

Fitness goals, measurements, progress photographs, body-composition information, and form uploads may be subject to state privacy, biometric, consumer-health, or similar laws even when not subject to HIPAA. Client is responsible for applicable notices, consent, lawful collection, retention, and deletion.

10.3 Prohibited Sensitive Data

Client shall not use general CRM fields, notes, forms, files, or media-storage functionality to collect or store full payment-card account numbers, CVV/security codes, bank account or routing numbers, Social Security numbers, driver’s-license numbers, passport numbers, government identification documents, or financial-account authentication secrets, except where RetterTEK expressly supports tokenized or appropriately truncated data through an approved integration.

Client remains responsible for PCI DSS and other payment-security obligations applicable to payment transactions occurring outside JAMr FIT or through separate payment processors.

11. Integrations; Third-Party Services

Client may direct the Services to exchange data with third-party systems and integrations. Client represents that it is authorized to obtain, disclose, transmit, and use all data exchanged through those integrations. RetterTEK may rely on third-party data without independently verifying accuracy or consent status. RetterTEK is not responsible for third-party system downtime, changed APIs, altered data formats, inaccurate third-party records, consent errors originating outside JAMr FIT, or actions taken by a third-party provider. Client’s use of third-party services may also be subject to separate terms between Client and that provider.

12. Automation and AI-Assisted Features

Client is responsible for configuring workflows, segments, triggers, schedules, templates, approval rules, audience criteria, and automations. Client acknowledges that incorrectly configured automation may result in unintended or mass communications. AI-assisted features may generate suggested content, summaries, classifications, recommendations, audience segments, workflows, or other output. AI output may be incomplete, inaccurate, or inappropriate. Where review functionality is available, Client is responsible for reviewing AI-generated output before use. If Client affirmatively enables automatic sending or execution without human review, Client accepts responsibility for the resulting actions configured by Client. RetterTEK does not provide legal, medical, employment, tax, payroll, or other professional advice through AI-assisted functionality.

13. Voice and Call Recording

If voice or call-recording functionality is enabled, Client is solely responsible for determining whether a call may lawfully be monitored or recorded and for providing all notices and obtaining all consents required by federal and state wiretap, eavesdropping, call-recording, and privacy laws applicable to the participants. Client shall not assume that the law of Client’s headquarters governs all participants. Recordings are Client Data, and Client is responsible for business retention requirements subject to RetterTEK’s technical limits and legal obligations.

14. Workforce Tools; Timekeeping; Payroll Outputs

JAMr FIT may provide scheduling, clock-in/clock-out, timekeeping, commission calculations, payroll reports, payroll exports, overtime calculations, and related workforce-management functionality (“Workforce Tools”). RetterTEK is not Client’s employer, co-employer, professional employer organization, payroll company, staffing company, or wage-and-hour adviser. Client and, where applicable, its franchisees or affiliated legal entities are solely responsible for determining the employer of each worker, worker classification, exempt/nonexempt status, compensable time, overtime, minimum wage, meal and rest periods, tips, commissions, bonuses, travel time, training time, payroll frequency, wage statements, recordkeeping, and all other obligations under the Fair Labor Standards Act and applicable state and local wage-and-hour laws. Workforce Tools calculate outputs based on Client-entered data, organizational structures, time entries, settings, policies, and other Client configurations. Client is responsible for reviewing and validating configurations and outputs before payroll is processed or wages are paid. The fact that JAMr FIT calculates an overtime amount, commission, regular rate, punch adjustment, or payroll export does not constitute a representation that Client’s configuration satisfies applicable law. If employees work across commonly owned, franchised, or affiliated locations, Client is solely responsible for determining whether applicable law requires aggregation of hours or creates joint-employer, integrated-enterprise, joint-employment, or similar obligations. Timekeeping change logs and administrative audit records assist Client with recordkeeping but do not transfer employer obligations to RetterTEK.

15. Franchise; Multi-Tenant; Agency Use

RetterTEK does not determine legal responsibilities among franchisors, franchisees, affiliates, management companies, or location operators. Client is responsible for ensuring its organizational configuration, access permissions, marketing authority, employee structure, and data-sharing practices are consistent with its franchise agreements and applicable law. A Client administrator granted cross-location or franchise-level permissions may take actions affecting linked tenants. To the extent Client grants those permissions, Client authorizes RetterTEK to process those actions within the configured permission scope. Client shall not grant authority over independently owned locations unless Client has contractual authority to do so. Where Client permits an agency, consultant, or third party to manage Client campaigns or automations, Client remains responsible for such activity unless a separate written agreement lawfully allocates a different role. RetterTEK is not responsible for resolving disputes among Client, its agencies, franchisors, franchisees, or affiliates.

16. Security; Client Access; Support Access

RetterTEK will maintain commercially reasonable administrative, technical, and organizational safeguards appropriate to the Services. Client is responsible for its own endpoint security, user permissions, credential security, devices, local networks, and internal access practices. Client is responsible for acts taken through valid Client credentials except to the extent directly resulting from RetterTEK’s breach of its express obligations. At Client’s request or where reasonably necessary to provide support, authorized RetterTEK personnel may access Client’s account subject to RetterTEK’s internal access controls. Such support access does not make RetterTEK the controller, employer, sender, or owner of Client Data.

17. Intellectual Property; Client Data Ownership; Feedback

RetterTEK and its licensors retain all right, title, and interest in and to JAMr FIT, the Services, software, technology, workflows, templates, documentation, designs, trademarks, and related intellectual property, excluding Client Data. As between the parties, Client retains ownership of Client Data and grants RetterTEK a limited right to process Client Data as necessary to provide, secure, support, and improve the Services as permitted by the Agreement and applicable law. If Client provides suggestions, enhancement requests, or other feedback, RetterTEK may use that feedback without restriction or compensation, provided RetterTEK does not publicly identify Client as the source without permission.

18. Confidentiality

Each party may receive confidential business, technical, financial, security, or proprietary information of the other party (“Confidential Information”). The receiving party shall use Confidential Information only to perform or exercise rights under the Agreement and shall protect it using at least reasonable care. Confidential Information does not include information that the receiving party can demonstrate was lawfully known without restriction, independently developed, lawfully received from a third party without confidentiality obligation, or becomes public through no breach of the Agreement. A receiving party may disclose Confidential Information to personnel, professional advisers, subprocessors, and contractors who need to know it and are bound by confidentiality obligations, or when legally required, subject to legally permitted notice to the disclosing party.

19. Warranties; Disclaimers

Each party represents that it has authority to enter into the Agreement. Client further represents that Client and its users will use the Services in compliance with the Agreement and applicable law and that information Client provides for registrations, integrations, communications, and configuration is accurate in all material respects.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RETTERTEK DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

RETTERTEK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY MESSAGE WILL BE DELIVERED; THAT A CARRIER, EMAIL PROVIDER, OR THIRD PARTY WILL ACCEPT CLIENT TRAFFIC; THAT A THIRD-PARTY INTEGRATION WILL REMAIN AVAILABLE; THAT COMPLIANCE FEATURES WILL IDENTIFY EVERY APPLICABLE LAW OR VIOLATION; OR THAT CLIENT’S CONFIGURATION WILL PRODUCE A LEGALLY COMPLIANT RESULT. COMPLIANCE-RELATED FEATURES ARE OPERATIONAL TOOLS AND DO NOT CONSTITUTE A LEGAL OPINION, CERTIFICATION, OR WARRANTY OF COMPLIANCE.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR AMOUNTS THAT APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED OR EXCLUDED, RETTERTEK’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CLIENT TO RETTERTEK FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY.

Without limiting the foregoing, RetterTEK shall have no liability to Client for governmental penalties, statutory damages, carrier assessments, settlements, or third-party claims to the extent arising from Client Communications, Client’s lack or scope of consent, contact lists, classification of communications, employment practices, privacy practices, uploaded data, franchise-consent representations, use of prohibited data, or failure to comply with applicable law.

21. Client Indemnification

Client shall defend, indemnify, and hold harmless Premier TEK LLC d/b/a RetterTEK, JAMr FIT, and their affiliates, officers, managers, directors, employees, contractors, agents, licensors, and subprocessors (“RetterTEK Indemnitees”) from and against any third-party claim, demand, investigation, subpoena, administrative proceeding, regulatory action, lawsuit, judgment, settlement, fine, penalty, assessment, damage, loss, liability, cost, and reasonable attorneys’ fees arising out of or relating to:

• Client Communications, campaigns, advertising, marketing, or outreach practices
• an alleged violation of the TCPA, Telemarketing Sales Rule, CAN-SPAM Act, CASL, state mini-TCPA law, telephone-solicitation law, do-not-call rule, call-recording law, or similar communications law
• the existence, absence, scope, validity, revocation, or proof of consent
• reassigned, recycled, transferred, disconnected, or incorrectly entered telephone numbers
• Client’s failure to honor an opt-out, unsubscribe, revocation, or do-not-contact request
• Client’s classification of marketing communications as transactional, informational, servicing, or otherwise exempt
• the content of Client Communications, including claims, promotions, representations, images, links, intellectual property, or offers supplied by Client
• Client’s collection, use, disclosure, retention, or deletion of member, prospect, lead, or employee data
• Client’s privacy notices, consumer rights response, or failure to obtain legally required consent
• PHI or Prohibited Sensitive Data submitted by Client
• wage, hour, payroll, overtime, classification, commission, tip, timekeeping, meal-break, or employment claims arising from Client’s configuration or use of Workforce Tools
• Client’s import or use of data from ABC Financial or another third-party system, CRM, lead source, CSV file, or integration
• Client’s assertion that membership agreements authorize franchise-wide, affiliate-wide, or cross-location marketing
• Client’s use of transactional interactions, bookings, reminders, or service pathways to transmit marketing without the required legal basis
• inaccurate information supplied for A2P, toll-free, carrier, brand, domain, or use-case registration
• carrier, Twilio, SendGrid, or similar assessments, claims, suspensions, or pass-through charges attributable to Client traffic or practices
• Client’s breach of the Acceptable Use Policy or violation of applicable law
• acts or omissions of Client’s users, employees, administrators, franchise administrators, agencies, consultants, contractors, or affiliates; or
• Client’s use of AI-assisted functionality, automation, segmentation, or workflows in violation of the Agreement or applicable law.

RetterTEK shall provide reasonably prompt notice of an indemnified claim, provided that delay relieves Client of its obligations only to the extent Client is materially prejudiced. Client shall control the defense with counsel reasonably acceptable to RetterTEK. Client shall not settle any claim in a manner that admits wrongdoing by, imposes nonmonetary obligations on, restricts the business of, or requires payment by a RetterTEK Indemnitee without RetterTEK’s prior written consent, not to be unreasonably withheld. RetterTEK shall reasonably cooperate at Client’s expense. These indemnity obligations are not subject to the monetary cap applicable to RetterTEK’s liability.

22. Suspension; Compliance Risk; Acceptable Use

RetterTEK may immediately suspend, restrict, throttle, reject, or disable some or all messaging, integration, user, or account functionality if RetterTEK reasonably determines that Client is transmitting spam or unlawful communications; using forged, purchased, or materially unreliable consent; intentionally circumventing compliance controls; supplying materially false registration information; creating excessive complaint or carrier risk; engaging in fraudulent or illegal activity; threatening system security; violating the Acceptable Use Policy; or causing RetterTEK or a subprocessor to face material legal, regulatory, security, or reputational risk. RetterTEK may also suspend or restrict functionality in response to a carrier, subprocessor, regulator, governmental authority, legal process, or security incident. RetterTEK will use commercially reasonable efforts to notify Client where legally and operationally appropriate. Suspension does not waive fees accrued before suspension or other contractual remedies.

23. Termination; Data Export; Retention

Either party may terminate the Agreement for the other party’s uncured material breach if the breach remains uncured thirty (30) days after written notice, except that no cure period is required where the breach is not reasonably curable, involves fraud, intentional unlawful use, material security risk, or conduct justifying immediate suspension under Section 22. Following termination, RetterTEK may make Client Data available for export for thirty (30) days unless another period is stated in the applicable policy or Order Form. Thereafter, RetterTEK may delete or de-identify Client Data in accordance with its retention schedule. RetterTEK may retain backup copies until overwritten in ordinary backup cycles, data needed to establish, exercise, or defend legal claims, records required by law, security and fraud-prevention logs, billing records, and consent, audit, communication, punch, timekeeping, or payroll-related records for longer disclosed periods where reasonably necessary for evidentiary, contractual, security, or compliance purposes. Client is responsible for exporting information that Client is legally required to retain beyond platform defaults. Sections concerning fees owed, intellectual property, confidentiality, warranty disclaimers, limitations of liability, indemnification, data retention, dispute resolution, and other provisions that by their nature should survive shall survive termination.

24. Changes to Services and Legal Terms

RetterTEK may modify, update, or discontinue features from time to time, including to address legal, security, carrier, provider, technical, or operational requirements. RetterTEK will use commercially reasonable efforts to avoid materially reducing core paid functionality during a committed Initial Term without reasonable cause. RetterTEK may update public policies and these Terms by publishing a new version with a stated effective date. Each version shall be identified and archived. For an existing signed customer contract, the legal version incorporated at execution remains associated with that contract unless the Agreement permits the applicable update, the parties execute an amendment, the update becomes effective upon renewal or month-to-month continuation after required notice, or applicable law permits another method of amendment. RetterTEK will not rely solely on silently replacing an archived contract version. Individual user acknowledgements of updated platform policies do not, by themselves, amend pricing, the Initial Term, or other commercial terms of a signed Order Form unless the individual has authority to amend Client’s contract and the amendment process expressly states that result.

25. Electronic Contracting; Notices

The parties agree that electronic signatures, clickwrap acceptance, electronic records, and electronically transmitted copies may be used to form and evidence agreements to the extent permitted by law. A signed Order Form may incorporate these Terms and other legal documents by URL and version number. Formal legal notices to RetterTEK shall be sent to legal@jamrfit.com and to any additional legal notice address stated on RetterTEK’s Legal Notices page. Notices to Client may be sent to the billing, legal, owner, or administrative contact identified in Client’s account or Order Form. Routine product communications are not formal legal notices unless expressly identified as such.

26. Governing Law; Exclusive Forum; Jury Waiver

This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be governed by the laws of the State of Georgia, without regard to conflict-of-laws rules that would require application of another jurisdiction’s laws. Subject to any statutory right that cannot lawfully be waived, each party irrevocably agrees that any action or proceeding arising out of or relating to this Agreement shall be brought exclusively in (a) the state courts located in Fulton County, Georgia, or (b) if federal subject-matter jurisdiction exists, the United States District Court for the Northern District of Georgia. Each party irrevocably submits to the personal jurisdiction of those courts and waives any objection based on improper venue or forum non conveniens.

EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.

This Section governs disputes between RetterTEK and Client. It does not alter or limit laws that apply to Client’s communications, privacy practices, employment practices, or dealings with members, employees, or other third parties. Such obligations may be determined by the laws of jurisdictions applicable to the people Client contacts, employs, or serves regardless of Client’s headquarters.

27. Miscellaneous

Independent Contractors. The parties are independent contractors. Nothing in the Agreement creates a partnership, franchise relationship between RetterTEK and Client, joint venture, agency, fiduciary, employment, or joint-employment relationship.

Assignment. Client may not assign the Agreement without RetterTEK’s prior written consent, except in connection with a merger, reorganization, or sale of substantially all assets where the successor assumes the Agreement and is not a direct competitor of RetterTEK. RetterTEK may assign the Agreement in connection with a merger, reorganization, financing, sale of assets, or change of control.

Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding Client’s payment obligations for Services already provided or committed during the Initial Term.

Waiver; Severability. A waiver must be in writing and applies only to the specific instance waived. If a provision is unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions remain effective.

No Third-Party Beneficiaries. Except for RetterTEK Indemnitees and subprocessors where expressly stated, the Agreement creates no third-party beneficiary rights.

Entire Agreement. The Agreement constitutes the entire agreement between the parties regarding the Services and supersedes prior or contemporaneous proposals, representations, and agreements concerning the same subject matter, except for obligations expressly preserved in a signed amendment or Order Form.

28. Incorporated Documents

The following documents may be incorporated into the Agreement by the applicable Order Form or these Terms. The version applicable to Client should be identified on or preserved with the signed Order Form:

Document	Canonical Path
Master SaaS Terms	/terms.html
Messaging & Compliance Addendum	/messaging-terms.html
Privacy Policy	/privacy.html
Data Processing Addendum	/data-processing-addendum.html
Acceptable Use Policy	/acceptable-use-policy.html
Subprocessor List	/subprocessors.html
Security Overview	/security.html
Data Deletion Policy	/data-deletion.html

29. Contract Record and Version Preservation

RetterTEK may preserve a contract record containing the signed Order Form, signature audit information, applicable legal document versions, effective dates, URLs, and cryptographic hashes or other integrity data. The purpose of this record is to establish what Client agreed to at execution. Historical legal versions may remain available through RetterTEK’s legal archive. Where a signed Order Form identifies a specific legal document version, that identified version controls over a later public version unless the Agreement validly provides for the later version to apply.