Terms & Conditions

1. Who we are

The apps are provided by Fitness Industry Sales Ltd, a company registered in England and Wales (company number 11101867), registered office 71–75 Shelton Street, London, WC2H 9JQ, United Kingdom, trading as FitPhoneAI ("we", "us", "our"). "You" means the agency, business or individual that installs or uses an app.

2. The apps

"Apps" means the FitPhoneAI marketplace applications, including AI Supervisor, Call Reporting, Messenger Supervisor, Mailhook, MBO Sync, A2P Copilot and Vault, together with their dashboards and APIs. Each app is described in our Documentation. We may add, change or discontinue features, and individual apps, over time.

3. Installation & access

You install the apps from the marketplace platform through which you access your CRM, and authorise the permissions each app requests. You are responsible for the accuracy of the configuration you provide and for the credentials and accounts you connect (for example, a Mindbody staff login for MBO Sync). You must have the authority to connect those accounts and to process the data involved.

4. Acceptable use

You agree not to: (a) use the apps unlawfully or in breach of any third party's rights; (b) send messages or run campaigns that violate applicable communications, marketing or consent laws (including A2P/10DLC and anti-spam rules); (c) attempt to reverse engineer, disrupt, overload or gain unauthorised access to the apps or their infrastructure; (d) resell or provide the apps to third parties except as permitted by the marketplace; or (e) upload unlawful, infringing or malicious content. You are responsible for the conduct of users you grant access to.

5. Your data

You retain ownership of the data you connect or that the apps process on your behalf ("Customer Data"). You grant us the rights necessary to process Customer Data to provide the apps. With respect to personal data, you are generally the controller and we act as your processor; our handling of personal data is described in the Privacy Policy, which forms part of these terms. You are responsible for having a lawful basis and any required notices or consents for the data you connect.

6. Third-party services

The apps interoperate with third-party services (for example your CRM platform, Mindbody, and AI and cloud providers — see the Privacy Policy). Your use of those services is governed by their own terms, and we are not responsible for them. Third-party services may change their APIs or availability, which can affect an app's functionality.

7. Fees & billing

Subscription and any usage fees for the apps are charged through the marketplace platform's billing, in accordance with the pricing shown on each app's listing. Unless stated otherwise, fees are exclusive of taxes, which you are responsible for. Trial periods, included allowances and overage rates (where applicable) are described on the listing. Except where required by law, fees are non-refundable.

8. Intellectual property

We and our licensors own all rights in the apps, including their software, dashboards, content and trademarks. We grant you a limited, non-exclusive, non-transferable right to use the apps during your subscription, solely for your internal business purposes. You own your Customer Data and any output generated specifically for you from it. We may use aggregated, de-identified data that does not identify you or any individual to operate and improve the apps.

9. Disclaimers

The apps are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties not expressly stated, including fitness for a particular purpose and uninterrupted or error-free operation. AI-assisted features (such as call/conversation analysis and suggested prompt changes) are aids, not decisions: outputs may be inaccurate and should be reviewed before you rely on them. Suggested changes are never applied automatically. The apps do not provide legal, compliance or financial advice — for example, A2P Copilot helps you prepare a registration but does not guarantee approval.

10. Limitation of liability

Nothing in these terms excludes or limits liability that cannot be excluded by law (including for death or personal injury caused by negligence, or for fraud). Subject to that, we are not liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue, goodwill or data. Our total liability arising out of or relating to the apps in any 12-month period is limited to the fees you paid for the affected app in that period. You are responsible for maintaining your own backups of important data (Vault can assist, but does not replace your own retention practices).

11. Indemnity

You will defend and indemnify us against claims, losses and costs arising from your Customer Data, your use of the apps in breach of these terms, or your violation of law or third-party rights (including communications-consent and data-protection laws).

12. Term & termination

These terms apply for as long as any app is installed. You may stop using and uninstall an app at any time through the marketplace. We may suspend or terminate access if you materially breach these terms, if required for security or legal reasons, or if a third-party dependency makes an app unworkable. On termination we stop processing for the affected location and handle remaining data as described in the Privacy Policy.

13. Changes to these terms

We may update these terms from time to time. The "last updated" date above reflects the current version. Material changes will be reflected here; continued use after a change constitutes acceptance.

14. Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, without affecting any mandatory consumer-protection rights you may have in your place of residence.

15. App-specific terms

MBO Sync

MBO Sync books CRM-collected sales in Mindbody only via a custom "already paid" payment method that does not charge a card; it refuses to proceed without one. You are responsible for configuring that method correctly and for the accuracy of synced records. Use of the Mindbody API is also subject to Mindbody's terms and your agreement with Mindbody.

A2P Copilot

A2P Copilot provides guidance, automated checks and prepared template materials to help you prepare an A2P 10DLC registration. It is not legal, compliance or regulatory advice, and it does not submit your registration on your behalf. The generated artifacts (such as consent wording, privacy and terms snippets and sample messages) and the rejection-code playbooks are starting points based on common requirements; requirements change and vary by use case. You are responsible for verifying the accuracy of everything you enter — including your legal business name and EIN, which must match your IRS records exactly — and for ensuring your registration and messaging comply with A2P 10DLC, The Campaign Registry, the TCPA and applicable carrier rules and laws; if in doubt, take your own professional advice. We do not guarantee registration approval: vetting, approval and any fines or penalties are determined by the carriers, registry and regulators and are outside our control. To the fullest extent permitted by law, we are not liable for registration rejections, delays, suspensions, fines or penalties arising from your use of the app.

AI Supervisor & Messenger Supervisor

These apps use automated and AI analysis to score calls and conversations. Scores, flags and suggestions are informational and may be wrong; you remain responsible for your agents, prompts and customer communications.

Vault

Vault backs up the object types listed in the Documentation; some platform objects (for example workflows, funnels and snapshots) cannot be exported via the platform API and are out of scope. Backups supplement, and do not replace, your own data-retention practices.

History Search & Export

History Search & Export pulls message and note history live from the CRM API on request — no content is stored server-side. An audit log of export activity is retained for compliance, but on uninstall all audit records are deleted immediately. Exports may contain personal data in free-text message and note bodies; the app does not redact content within message text. You are responsible for ensuring any exports comply with applicable data-protection law and recipient agreements.

16. Contact

Questions about these terms: support@fitphone.ai, or write to Fitness Industry Sales Ltd, 71–75 Shelton Street, London, WC2H 9JQ, United Kingdom.