By using MiGym and supporting administration utilities and all services of Apps That Fit LLC (“MiGym”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

 MiGym reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any any changes shall constitute your consent to of those changes. You can review the most current version of the Terms of Service at any time at: http://www.migymapp.com/ and clicking the “Terms of Service” link in the footer. Violation of any of the terms below may result in the termination of your Account. While MiGym prohibits such conduct and Content on the Service, you understand and agree that MiGym cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

• You must be 13 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
• You are responsible for maintaining the security of your account and password. MiGym cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

• A valid credit card or ACH account is required in order to enroll with MiGym.
• Upon enrolling with MiGym an Initiation Form will be completed by the customer. This form defines the Kickoff Date the date by which MiGym will be provided with final creative and Feature Set that will be included in the mobile app.  MiGym will begin to charge the customer any implementation fees on the Kickoff Date.  Monthly subscription fees will be charged on or around the first day of the month following the earlier of the launch of the service or 30 days past the Kickoff Date unless other arrangements are made in writing. If the app has not launched, but MiGym has been in possession of the final creative for 30 days, the customer will not be charged until the launch of the app.
• An upgrade from the Basic to the Professional plan will result in you being billed for your first month immediately upon upgrading. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• Third party fees may be applicable. For example, Apple charges a developer fee (currently $99 per year) and these charges are payable by the MiGym customer directly to the third party. Any third party charges will be communicated in writing in the on-boarding process.
• For any upgrade or downgrade in plan level, you will automatically be charged the new rate on your next billing cycle.
• Downgrading your Service may cause the loss of Content, features, or capacity of your Account. MiGym does not accept any liability for such loss.
• You may be charged a standard change fee of up to $300 for feature or design changes in the app that require MiGym to rebuild, retest, and resubmit your application to the app stores.  Any additional charge will be communicated as part of the change request process.

>Day Pass Sales

• Through the app MiGym may sell day passes to the club at the rate specified in the admin tool. This rate by default is populated at $20 with a 20% discount, so an effective rate of $16. The club may change either the daypass rate or the discount rate through the MiGym admin tool.
• MiGym will pay out 70% of fees collected for day passes on a quarterly basis following the accumulation of a credit of at least $100 and will only transfer funds to a valid ACH account. Reporting will also be provided at the same time that funds are distributed.
• Clubs may validate any daypass code through the clubs administrative tool. 
• MiGym may implement additional discounts of up to 50% for day passes at any time.

Cancellation and Termination

You are solely responsible for properly canceling your account. An email to support@migymapp.com is required to cancel your account. Cancelation must be received with 30 days notice.  All of your Content will be deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

MiGym, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MiGym service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. MiGym reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

MiGym reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MiGym website (www.migymapp.com) or the Service itself. MiGym shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

MiGym does not pre-screen Content, but MiGym and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

MiGym has the right to use its customer’s trademarks and logos that are used in the application as part of it’s marketing materials. This includes the www.migymapp.com website, business cards, client presentations, and other materials.

The look and feel of the Service is copyright © 2015 Apps That Fit LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Objective C or Java code, images or visual design elements without express written permission from MiGym.

Marketing and Brand Usage

As a customer of MiGym, MiGym reserves the right to use your company name, brand and logos in it’s various marketing channels, identifying you as a current customer. If you do not wish to be included in these marketing messages, you must notify MiGym via email or phone that you wish to have your company name, brand and logo excluded from such communications.

General Conditions

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• Technical support is only provided to paying account holders and is only available via email.
• You understand that MiGym uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MiGym, or any other MiGym service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MiGym.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MiGym customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• MiGym has the right to share data collected through our products with partners and affiliates.
• If your bandwidth usage exceeds 1000 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by MiGym) of other MiGym customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
• MiGym does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• You expressly understand and agree that MiGym shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MiGym has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of MiGym to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MiGym and govern your use of the Service, superseding any prior agreements between you and MiGym (including, but not limited to, any prior versions of the Terms of Service).
 

Questions about the Terms of Service should be sent to support@migymapp.com