Terms of Service

1. This agreement

These Terms of Service are the agreement between you and Exersites, 204 West 140th Street, New York, NY 10030, United States ("Exersites", "we", "us", "our"). They govern your use of the Exersites website at exersites.fit, the administration tools we provide you, and the public site we host for you (together, the "Service").

By creating an account, starting a free trial, or using the Service, you agree to these Terms. If you do not agree to them, do not use the Service. If you are agreeing on behalf of a business or other entity, you confirm that you have the authority to bind it, and "you" means that entity as well as you personally.

Our Privacy Policy and Cookie Policy are part of this agreement.

2. Definitions

• Trainer, or you: the person or business with an Exersites account.
• Client: a person who has a login to your Trainer Site because they book with you, buy from you, or read a program you wrote them. Someone who only reads your public page is a visitor, not a Client.
• Trainer Site: the website we host for you, at a subdomain of exersites.fit or at a custom domain.
• Your Content: everything you put into the Service — business name and description, photographs, page sections, service and package descriptions, prices, training programs, videos, notes, and anything else you upload or write.
• Client Data: personal information about your Clients that the Service holds because you or they put it there — names, email addresses, bookings, purchase records, session balances, and the programs and videos you assign them.

3. Who may use the Service

You must be at least 18 years old to hold an Exersites account. The Service is operated from the United States and is not offered to anyone in a country or jurisdiction where doing so would break the law. If you use it from outside the United States, you are responsible for complying with your own local law.

One account runs one Trainer Site. If you need more than one, you need more than one account.

4. Your account

You are responsible for your password and for everything done through your account. Choose a password you do not use elsewhere, and tell us at [email protected] as soon as you think someone else has access to your account.

Keep your email address current. We use it for password resets, billing notices, and anything we have to tell you about your account, and we have no other reliable way to reach you.

5. Plans, free trial, and billing

We offer two plans. Starter is $29 per month or $290 per year and covers up to 15 Clients on a subdomain of exersites.fit. Pro is $59 per month or $590 per year, has no Client limit, and includes a custom domain that we register and renew for you. Every feature is in both plans; the difference is the Client limit and the domain.

The free trial renews into a paid subscription automatically. Both plans begin with a 14 day free trial. We take a valid payment card when you sign up and authorise it, but we charge nothing during the trial. When the 14 days end, your subscription starts and your card is charged for the first period, then again at the start of every period after that, until you cancel. We will not ask you again each time. If you do not want to be charged, cancel before the trial ends.

Cancelling. You can cancel at any time from your account page, in one click. There is no contract term and nothing to phone anyone about. Cancellation stops the next charge; it does not refund the period you are in. You keep access for the rest of the period you have already paid for, and at the end of it your Trainer Site stops serving to the public.

Refunds. Subscription fees are not refundable for a period that has begun, or for a period you did not use. If something has gone genuinely wrong, write to us and we will look at it.

Failed payments. If a charge fails, we will retry it and tell you. If it keeps failing, we may suspend your Trainer Site, which means the public cannot reach it and your Clients cannot sign in. We keep your data during a suspension. See section 15 for what happens after that.

Price changes. We may change our prices. If a change affects a subscription you already hold, we will tell you by email at least 30 days before it takes effect, and you can cancel before then if you do not want to pay the new price.

Taxes. Our prices exclude any sales, use, or value added tax. Where we are required to collect one, it is added to your invoice.

Pricing errors. If we publish a plan at a clearly wrong price because of a typographical or technical error, we may cancel an order placed at that price even if the order was confirmed and the card charged, and we will refund the charge in full.

6. Money your Clients pay you

This is the part most worth reading carefully, because it is where our responsibility ends and yours begins.

Packages, sessions, and payment links you sell through the Service are charged to your Client through your own Stripe account, which you connect to Exersites. In that transaction:

• You are the seller. You are the merchant of record. The sale is a contract between you and your Client, and we are not a party to it.
• The money is never ours. Funds move from your Client to your Stripe account on your own payout schedule. We never hold a balance for you and we take no percentage of what you earn.
• Stripe's fees and terms are between you and Stripe. Stripe charges you its usual processing fee. Your Stripe account is governed by your agreement with Stripe, not by this one.
• Refunds, disputes, and chargebacks are yours. You decide your own refund policy, you issue refunds from your own Stripe account, and you answer any dispute or chargeback your Client raises. We can show you what the Service recorded, and that is the limit of what we can do.
• Tax on your sales is yours. We do not calculate, collect, report, or remit tax on anything you sell. The transactions page is a record for your own bookkeeping, not tax advice and not a tax return.

You are responsible for telling your Clients what they are buying, what your cancellation and refund terms are, and anything else the law where you work requires you to tell them.

7. Your content stays yours

You own Your Content. Nothing in this agreement transfers it to us.

To run the Service we need permission to handle it, so you grant us a worldwide, nonexclusive, royalty free licence to store, copy, back up, reformat, transmit, and display Your Content, for the sole purpose of operating the Service and providing it to you and your Clients. That licence exists so we can serve your page, resize your photographs, encode your videos, and keep nightly backups. It ends when you delete the content or close your account, except for copies sitting in backups until they age out.

You confirm that you have the rights to everything you upload: that you own it or are licensed to use it, and that publishing it through the Service infringes nobody's copyright, trademark, privacy, or publicity rights. Photographs of Clients need those Clients' permission, and getting it is your job, not ours.

We do not review Your Content before it is published and we do not claim editorial control over it. Your public page is your publication.

8. Acceptable use

You agree not to use the Service to publish, upload, store, or send:

• anything unlawful, or anything that infringes somebody else's intellectual property, privacy, or publicity rights;
• sexual content involving minors, or any sexual content presented as a fitness service;
• content that harasses, threatens, or incites violence against a person or group;
• claims that a program, supplement, or service diagnoses, treats, cures, or prevents a disease, or any other health claim you cannot support;
• malware, or anything designed to damage or gain unauthorised access to a system;
• another person's personal information that you have no right to hold, or a Client's medical records.

You also agree not to resell or sublicense the Service to somebody else as though it were yours, use it to operate a site that is not your own training business, probe or attack its security, work around its Client limits or rate limits, scrape it, or use automated means to create accounts.

Video and file storage is generous but not unlimited. If your usage is so far beyond what a personal training business plausibly needs that it affects other trainers, we will contact you before we do anything about it.

If we believe content on a Trainer Site breaks this section or the law, we may remove it or suspend the site. Where we can, we will tell you first and explain why. Where we cannot — a legal demand, a live security problem, a risk to somebody's safety — we will tell you as soon as we are able.

9. Your Clients and their data

This section matters because the Service holds personal information about people who never signed up with us.

You decide what happens to Client Data; we only carry out your instructions. In data protection terms you are the controller of Client Data and we are your processor. We process it to run the Service for you, and for nothing else. We do not sell it, we do not use it to advertise to anybody, and we do not use it to build any product other than yours.

Because you are the controller:

• You are responsible for having a lawful reason to collect each Client's information, and for telling your Clients how you use it. If the law where you work requires you to publish your own privacy notice, that is yours to write; our Privacy Policy covers what we do, not what you do.
• You are responsible for the reminder and notification emails the Service sends your Clients on your behalf, and for having the consent those messages require.
• If a Client asks to see, correct, or delete their information, that request goes to you. You can do all three from your admin pages. If a Client comes to us instead, we will point them back to you and tell you they asked.
• You must not put a Client's medical records, health conditions, or other sensitive personal information into the Service. It is not built to hold that, and the notes fields are not a medical record.

If you need a formal data processing agreement for your own compliance, write to [email protected] and we will provide one.

10. Custom domains

On the Pro plan we can register a new domain for you, or point a domain you already own at your Trainer Site.

When we register one for you, we do it through our domain registrar and we register it in your name, with you as the registrant. To do that we need registrant contact details — your name, email address, telephone number, and postal address — because the rules that govern domain registration require them. We pass them to the registrar and to the registry for that top level domain, as those rules require. See the Privacy Policy for what happens to them after that.

A few consequences worth knowing:

• A domain registration is a separate yearly commitment to a registry, not a monthly one to us. While your subscription is active we pay for it and renew it as part of your plan.
• If you cancel, we stop renewing the domain. Because you are the registrant, you can transfer it to any registrar you like and keep it. Ask us and we will help you move it. If you do nothing, it will eventually expire.
• We cannot guarantee that a particular domain is available, or that a registry will approve a registration, and prices and availability come from the registry rather than from us.
• You are responsible for having the right to use the name you choose. A domain that infringes somebody's trademark is a problem we cannot fix for you.

11. We are not your coach, and we are not theirs

Exersites is software. We do not provide medical, health, nutritional, or fitness advice, and nothing the Service produces is any of those things.

Training programs, exercise instructions, videos, nutritional suggestions, and every other piece of coaching content on a Trainer Site are written by the Trainer. We do not create them, check them, approve them, or endorse them. Whether a program is appropriate for a particular person is a judgement for the Trainer who wrote it and the Client who follows it, and, where it matters, for that Client's doctor.

We are not a party to the relationship between a Trainer and a Client. We are not responsible for the quality of the coaching, for a session that did not happen, for a package that was not honoured, or for injury, illness, or any other harm arising out of following a program delivered through the Service.

Nothing here limits liability that cannot be limited by law, including liability for death or personal injury caused by our own negligence.

12. Feedback

The Service has a suggestion box, and we are glad when people use it. If you send us feedback, comments, or an idea for how the Service should work, you give us permission to use it freely, in any way, without owing you payment or credit. We are not obliged to act on it or to keep it confidential.

This applies to suggestions about Exersites itself. It does not apply to Your Content, which stays yours under section 7.

13. Availability and changes

We work to keep the Service running and we take nightly backups, but we do not promise any particular level of uptime. Maintenance, a failure at one of our providers, or a problem we did not see coming can all take the Service offline.

We improve the Service continuously, which means features change and occasionally go away. If we remove something you rely on, we will tell you by email before we do. We may add, change, or discontinue features at our discretion, and we are not obliged to keep any particular one forever.

14. Our intellectual property

The Service itself — the software, the design templates, the Exersites name and logo, the text on exersites.fit, and everything else we made — belongs to us and our licensors, and is protected by copyright, trademark, and other law. This agreement gives you permission to use the Service while you pay for it, and grants you no other rights in it. Do not copy it, resell it, reverse engineer it, or remove our notices from it.

You keep every right in your own business name, logo, and branding. Using the Service does not give us any claim to them, and we will not use your name or logo to advertise Exersites without asking you first.

15. Suspension and termination

You can close your account at any time from your account page.

We may suspend or close your account if you do not pay, if you break section 8, if we are required to by law, or if your use of the Service puts other trainers or their clients at risk. Where the reason allows it, we will warn you and give you a chance to put it right. Where it does not — a legal demand, fraud, a live security problem — we may act immediately.

When an account closes, for whatever reason, the Trainer Site stops serving to the public and your Clients can no longer sign in. Export anything you want to keep before then. We retain your data afterwards, in case the closure was a mistake or a payment problem gets fixed, and we will delete it if you ask us to. The Privacy Policy sets out how that works.

The sections that should outlive the agreement do: sections 7, 11, 16, 17, 18, 19, and 20.

16. Services we depend on

The Service runs on other companies' infrastructure. Payments go through Stripe. Hosting, DNS, domain registration, and network protection come from Cloudflare. Transactional email goes out through Resend. Backups are copied to object storage.

We choose these providers carefully and have contracts with them, but we do not control them. We are not responsible for an outage, a change, or a failure at a provider, and their own terms govern your relationship with them where you have one — your Stripe account in particular. The Privacy Policy lists what each of them receives.

17. Disclaimer

The Service is provided "as is" and "as available", with all faults, and without warranty of any kind. To the fullest extent the law allows, we disclaim every warranty, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

We do not warrant that the Service will meet your requirements, that it will bring you clients or revenue, that it will run without interruption or error, that defects will be corrected, or that it is free of harmful components. Some jurisdictions do not allow these exclusions, so some of them may not apply to you.

18. Limitation of liability

To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost business, or lost or corrupted data, even if it was warned that such damages were possible.

Our total liability to you for every claim arising out of or relating to the Service or this agreement is limited to the amount you actually paid us in the 12 months immediately before the event that gave rise to the claim.

These limits do not apply to liability that cannot be limited by law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

19. Indemnity

You agree to defend, indemnify, and hold harmless Exersites and its officers, employees, and agents from any claim, demand, loss, or expense, including reasonable legal fees, arising out of Your Content, your Trainer Site, anything you sell through the Service, your relationship with a Client, your handling of Client Data, or your breach of this agreement or of any law.

20. Governing law and disputes

This agreement is governed by the laws of the State of New York, without regard to its conflict of laws rules.

Talk to us first. If you have a dispute with us, send a written notice to [email protected] setting out who you are, what happened, and what you want. We will do the same to you, by email. Both of us agree to try to settle it informally for 60 days from the date the notice is sent before starting anything formal. Most problems end here.

Arbitration. If 60 days pass without a resolution, you and we agree that the dispute will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, seated in New York, New York, or conducted remotely if both of us agree. The arbitrator's award may be entered as a judgment in any court with jurisdiction. Each of us pays our own legal fees unless the arbitrator decides otherwise or the AAA rules require otherwise.

Exceptions. Either of us may bring a claim in small claims court if it qualifies, and either of us may ask any court with jurisdiction for an injunction to protect intellectual property or stop a live security problem, without waiting for arbitration.

No class actions. Any arbitration is between you and us individually. Neither of us will bring a claim as a plaintiff or class member in a class, collective, or representative action. If that sentence is held unenforceable as to a particular claim, this whole arbitration section does not apply to that claim, and it goes to court instead.

Any claim must be brought within one year after it arises, or it is barred, unless the law where you live does not allow that limit.

21. Copyright complaints

If you believe something published through the Service infringes your copyright, write to [email protected] with: your signature, physical or electronic; identification of the work you say is infringed; the URL of the material you want removed; your name, postal address, telephone number, and email address; a statement that you believe in good faith that the use is not authorised; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or are authorised to act for the owner.

We will respond to complete notices, remove or disable material where appropriate, and tell the Trainer who published it. A Trainer who believes their material was removed by mistake may send us a counter notice.

22. Changes to these Terms

We may change these Terms. When we do, we update the date at the top of this page. If a change materially affects your rights, we will tell you by email or in the Service at least 30 days before it takes effect. Continuing to use the Service after that means you accept the new Terms; if you do not, cancel your subscription before the change takes effect.

23. The rest

These Terms, with the Privacy Policy and Cookie Policy, are the entire agreement between us about the Service, and replace anything said or written before it.

If a court finds any provision unenforceable, that provision is narrowed to the minimum extent needed to make it enforceable, or struck if it cannot be, and the rest stays in force.

If we do not enforce a provision straight away, we have not waived it. A waiver counts only if we put it in writing.

You may not assign this agreement without our written consent. We may assign it to a successor in connection with a merger, acquisition, or sale of assets, and we will tell you if that happens.

Nothing here makes either of us the other's partner, employee, agent, or joint venturer.

Neither of us is liable for a failure to perform caused by something genuinely outside our control.

Headings are there to help you find things and carry no legal weight.

24. Contact

Questions about these Terms, or anything else:

Exersites
204 West 140th Street
New York, NY 10030
United States
[email protected]