FloorTally

FloorTally Terms of Service

DRAFT: NOT YET REVIEWED BY AN ATTORNEY. Have a lawyer licensed in Texas review these before publishing, especially sections 6, 13, 14 and 15. Fill in every [BRACKETED] item.

Effective date: [DATE]

These Terms are an agreement between you and [FLOORTALLY LLC] ("FloorTally," "we," "us"). By using FloorTally you agree to these Terms and our Privacy Policy.

• Part A applies to everyone.
• Part B applies to Customers: gyms, property managers, HOAs and other businesses that subscribe.
• Part C applies to repair companies that receive reports from gyms.

Part A: Everyone

1. What FloorTally is

FloorTally puts a QR sticker on fitness equipment. Members scan it for how-to information and to report problems. Customers get alerts, equipment status and usage data.

FloorTally does not inspect, repair, maintain or certify equipment. The gym that owns or operates the equipment is responsible for its condition and safety.

2. Safety

• Don't use equipment that seems broken or unsafe. Reporting a problem doesn't make a machine safe or mean it will be fixed by any particular time.
• FloorTally is not for emergencies. If someone is hurt, call 911.
• How-to steps and videos are general information, not personal training or medical advice. Follow the manufacturer's instructions and posted gym rules, and stop if you feel pain.
• A "Working" status only means no one has reported a problem. It is not a safety inspection.
• What a sticker can do depends on the gym's FloorTally account. Reporting, alerts and status updates may be limited, paused or unavailable, for example when a gym's trial or plan has ended, during maintenance, or because of an outage. When a sticker says reporting isn't available, or anything seems wrong, tell gym staff directly. Never rely on FloorTally as the only way to report a problem or to learn whether equipment is safe.

3. Using FloorTally as a member

You agree to:

• report problems honestly and not submit false, abusive or spam reports;
• photograph equipment, not people, and not upload anything illegal, offensive or private;
• enter only your own phone number or email when asking to be notified.

We may remove content or block access that breaks these rules.

4. Our rights

FloorTally's software, design, name and logo belong to us. We may improve, change or stop features. If we discontinue the service, customers get at least 60 days' notice and a chance to export their data.

Part B: Customers

5. Accounts and authority

You must be at least 18 and authorized to bind the business you sign up for. You're responsible for your account, the people you add to it, and keeping your login secure.

6. Your responsibilities for equipment

You agree that you:

• remain responsible for inspecting, maintaining, repairing and taking equipment out of service;
• will review member reports in a reasonable time and act on reports that describe a possible safety hazard, including taking the machine out of service when appropriate;
• decide yourself whether a reported problem needs repair. Marking a report "minor" or "not a problem" is your judgment, and FloorTally doesn't verify it;
• will place stickers so they don't cover manufacturer safety labels, warnings or instructions;
• will keep your equipment list accurate so stickers point to the right machine;
• keep another way for members to report problems (for example, staff at a front desk, a phone number or an office email) and don't rely on FloorTally as your only one;
• when FloorTally is limited or paused for your gym (including because a trial ended, a plan was cancelled, or a payment wasn't made), will promptly either remove or cover the stickers, or post a notice telling members how to report problems instead. You're responsible for problems that go unreported or unaddressed while FloorTally is limited or paused.

7. Plans, pilot and billing

• Free trial: 30 days with Pro features. No payment details required. If it ends without a plan, for 7 more days members can still report problems and alerts still go out, while the dashboard is limited to open issues and billing. After that, problem reporting pauses until you choose a plan. Your equipment list and history are kept.
• Plan features: Essentials doesn't include the monthly report or data export; Pro does.
• Fees are per location, as shown on our pricing page or your order. Plans renew automatically each month or year until cancelled.
• Payment is charged in advance by card or other method through Stripe. Fees exclude taxes, which you pay.
• Price changes take effect at your next renewal, with at least 30 days' notice.
• Cancellation: cancel anytime from Manage billing. Service continues until the end of the paid period, then works as described for an ended trial. Fees already paid aren't refunded except where the law requires.
• Deleting your data: ask us and we'll delete your gym and its data within 30 days. We may also delete a gym that has had no plan and no activity for 12 months, after emailing you first.
• Failed payments: if a payment fails, Stripe retries it and emails you, and FloorTally keeps working while it retries. If it still can't be collected, your plan ends and the gym is treated as described above for an ended trial: 7 days with member reporting and alerts but a limited dashboard, then reporting pauses. Choosing a plan again restores everything.
• We warn you first: before reporting pauses we email the account's owners, including when the trial is about to end, when it ends, and when reporting pauses. Emails can be missed or blocked, so also watch the notices in your dashboard; the pause still applies if an email isn't received.

8. Your data

• You own your data: equipment lists, reports, repair history and the reports we generate for you. You can export it anytime.
• You give us permission to host, process and display your data only to provide FloorTally to you and the people and repair companies you connect, and as described in the Privacy Policy.
• Aggregated data: you agree we may create and use aggregated, de-identified statistics from usage and repair data, combined with other customers' data so no gym or person can be identified, for example to show industry benchmarks. We won't identify you in them without your permission.
• If you connect a repair company, you authorize us to share your gym's reports and photos with them.

9. Acceptable use

Don't misuse FloorTally: no reverse engineering, overloading, reselling without our agreement, or using it to collect members' personal information beyond what the service provides.

Part C: Repair Companies

10. Receiving reports

• A Customer may connect its repair company by entering the company's email address. The repair company then receives that gym's reports by email, with links to schedule a visit or mark a job fixed. No account or fee is required.
• Use reports only to service the gym that sent them, and don't share them with anyone else.
• Keep your updates accurate. Schedules and "fixed" updates are shown to the gym, and "fixed" triggers messages to members.
• The Customer can disconnect you at any time, and reports stop.
• Free partner features. We may offer repair companies a free dashboard and list some as "preferred repair partners" that we suggest to gyms without a repair company. Listing is at our discretion and doesn't guarantee any work. FloorTally pays no referral fees or commissions and charges repair companies nothing.
• You're an independent business. Your work, prices and agreements with the gym are between you and the gym, and FloorTally isn't responsible for them.

Part D: Legal terms for everyone

11. Third-party services

FloorTally links to or relies on services such as YouTube, Stripe and text and email providers. Their own terms apply, and we're not responsible for them.

12. Disclaimers

FloorTally is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee the service will be uninterrupted or error-free, that every report or message will be delivered, or that usage figures are complete. They count scans, not every use.

13. Limitation of liability

To the fullest extent the law allows:

• we are not liable for indirect, incidental, special, consequential or punitive damages, or lost profits or revenue;
• we are not liable for injuries, property damage or losses arising from fitness equipment, its condition, use, maintenance or repair, or from delayed or undelivered reports or messages;
• we are not liable for anything that happens while features are limited, paused or unavailable because a trial ended, a plan was cancelled or not chosen, or a payment wasn't made, including a member being unable to report a problem, an alert not being sent, or a status not being updated;
• our total liability for any claim is limited to the greater of the fees you paid us in the 12 months before the claim or $100.

14. Indemnity

Customers and repair companies will defend and indemnify FloorTally against third-party claims arising from their equipment, facilities, repairs, content or breach of these Terms. This includes claims by members or others arising from a customer's failure to pay, to keep another way to report problems, or to remove, cover or post a notice about stickers while FloorTally is limited or paused for that customer's gym.

15. Governing law and disputes

These Terms are governed by Texas law, without regard to conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in [Montgomery County], Texas, and you consent to their jurisdiction. Before filing a claim, each side agrees to try to resolve it informally for 30 days by writing to the other.

16. Changes to these Terms

We may update these Terms. For changes that matter, we'll notify customers and repair companies by email at least 30 days in advance. Continuing to use FloorTally after that means you accept them.

17. Other terms

These Terms, plus any order form, are the whole agreement. If part is unenforceable, the rest still applies. Not enforcing a term isn't a waiver. You may not transfer these Terms without our consent; we may transfer them with a sale or merger of our business.

18. Contact

[FLOORTALLY LLC] · [MAILING ADDRESS] · [SUPPORT EMAIL]