Terms of Service

1. Agreement to Terms

By accessing or using FitStack AI services ("Services") provided by Everwonder Technologies LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access our Services.

2. Description of Services

FitStack AI provides AI-powered voice receptionist services for fitness studios, including but not limited to:

• Automated phone answering and call handling
• Lead qualification and appointment booking
• Integration with customer relationship management (CRM) systems
• Voice AI technology powered by third-party providers

3. User Obligations

When using our Services, you agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Comply with all applicable laws and regulations, including TCPA requirements
• Not use the Services for any unlawful or fraudulent purposes
• Not attempt to reverse engineer, hack, or compromise our systems

4. Payment Terms

Subscription fees are billed according to your selected plan. You agree to:

• Pay all fees associated with your subscription
• Provide valid payment information
• Understand that fees are non-refundable except as required by law
• Accept that we may change pricing with 30 days' notice

5. Service Deployment

Full deployment of FitStack AI services typically takes 1-2 weeks from the date of purchase. This timeline may vary based on complexity of integration requirements and CRM system compatibility. We will work diligently to complete setup as quickly as possible.

6. Third-Party Services and MindBody Integration

Our Services utilize third-party AI providers (including ElevenLabs and OpenAI) and integrate with MindBody's API. By using our Services, you acknowledge and agree to the following:

• MindBody API Usage: We access and process your MindBody data solely to provide the agreed-upon services (e.g., booking appointments, checking availability). We do not sell or unauthorizedly share your MindBody data.
• Compliance with MindBody Terms: You agree to comply with MindBody's Terms of Service and API Terms of Use. You are responsible for ensuring your use of our integration complies with your agreement with MindBody.
• Data Processing: Your voice data will be processed by our AI providers in accordance with their respective privacy policies.

7. TCPA Compliance

You are responsible for ensuring your use of our automated calling services complies with the Telephone Consumer Protection Act (TCPA) and related regulations. This includes obtaining proper consent from individuals before making automated calls. We provide tools to help with compliance, but ultimate responsibility rests with you.

8. Intellectual Property

All content, features, and functionality of FitStack AI, including but not limited to software, text, graphics, logos, and AI models, are owned by Everwonder Technologies LLC and protected by copyright, trademark, and other intellectual property laws.

9. Disclaimers and Limitations

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. Our total liability shall not exceed the amount you paid for the Services in the past 12 months.

10. Termination

We reserve the right to terminate or suspend your account at any time for violation of these Terms. You may cancel your subscription at any time through your account settings. Termination does not relieve you of payment obligations for Services already rendered.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website. Your continued use of the Services after changes constitutes acceptance of the new Terms.

12. Governing Law

These Terms are governed by the laws of the state in which Everwonder Technologies LLC is registered, without regard to conflict of law provisions. Any disputes shall be resolved through binding arbitration.

13. Contact Information

For questions about these Terms, please contact us at:
Everwonder Technologies LLC
Email: dan@tryfitstack.com