Terms of Service

Last updated: August 3, 2026

These Terms of Service ("Terms") govern access to and use of the Athlete Rising gym management platform, website, and mobile applications (the "Service"), operated by Athlete Rising LLC ("Athlete Rising," "we," "us"). By creating an account or using the Service, you ("Account Holder," "you") agree to these Terms.

1. The Service

Athlete Rising provides software for gym and academy owners to manage memberships, process payments, record attendance, and communicate with members and prospects. We grant you a non-exclusive, non-transferable right to use the Service for your business while your account is in good standing.

2. Accounts and eligibility

You must be at least 18 years old and authorized to act for the business you register. You are responsible for the accuracy of your account information, for the security of your credentials, and for all activity under your account. Notify us promptly of any unauthorized use.

3. Subscription and payment

Paid plans are billed in advance on a recurring basis — monthly or annually, as selected at purchase. Subscription fees are charged automatically to the payment method on file using Stripe, Inc. as our third-party payment processor. Fees are stated exclusive of taxes, which are your responsibility where applicable.

3.1 Failed payment and grace period

If we cannot successfully charge your payment method:

• You are notified by email immediately upon payment failure.
• We automatically retry the charge up to two (2) additional times over three (3) days following the initial failure.
• Your account remains fully active during the seven (7) day grace period beginning on the initial failure date.
• If payment succeeds during the grace period, service continues without interruption.

3.2 Account restriction

If payment is not received by the end of the grace period (Day 7), we may place the account in a restricted read-only state. You may view existing data — members, records, payment history — but may not process new payments, add or modify member accounts, send communications, or use marketing features. Member-facing features may remain available for a limited period, at our discretion, to reduce disruption to your members.

3.3 Suspension

If payment remains outstanding fourteen (14) days after the initial failure date, we may fully suspend the account, disabling all access including member-facing features. No new charges are assessed during suspension beyond the outstanding balance. To reactivate, pay the full outstanding balance; access and data are then restored in the state they existed at suspension.

3.4 Voluntary account pause

We offer a voluntary pause for gyms temporarily closing — renovations, travel, or seasonal closures. A pause is initiated by you and is separate from non-payment suspension. Paused accounts are not subject to the dunning and suspension process above. Duration limits are described in the Account Pause Policy in platform settings.

3.5 Cancellation and refunds

You may cancel at any time from your account settings. Fees already paid are non-refundable except where required by law.

4. Data retention after suspension

Following suspension for non-payment, we retain your account data for ninety (90) days from the suspension date. Account data includes member profiles and contact information, membership and attendance records, payment history and invoices, class schedules, notes and settings, marketing campaign history and lead data, and business analytics.

This retention period is a courtesy allowing you to reactivate or export your data before permanent deletion. It does not waive any outstanding payment obligation. We provide written notice of pending deletion to your account email before data is permanently removed. After the retention period, account data is permanently deleted and cannot be recovered.

5. Your data and your members' data

You retain ownership of the data you and your members put into the Service. You grant us the limited right to host, process, and transmit it in order to provide the Service.

You are responsible for your members' data: for collecting it lawfully, for providing your own privacy notice, for obtaining any consents required for email or text communications, and for obtaining parental or guardian consent where a member is a minor. You will not upload data you lack the right to share. Our handling of personal information is described in our Privacy Policy.

6. Payment processing by gyms

Where you use the Service to collect payments from your members, those payments are processed through your own Stripe connected account. You are the merchant of record for those transactions and are bound by Stripe's Services Agreement. You are responsible for your pricing, refunds, chargebacks, and any disputes with your members. Athlete Rising is not a party to those transactions.

7. Acceptable use

You agree not to:

• Use the Service to send unlawful, deceptive, or unsolicited bulk messages
• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Reverse engineer, decompile, or resell the Service
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service in violation of any applicable law or regulation

8. Availability and support

We work to keep the Service available and reliable, but it is provided without a guaranteed uptime commitment unless separately agreed in writing. We may perform maintenance and will give advance notice of planned downtime where practical.

9. Changes to the Service and these Terms

We may modify the Service or these Terms. Material changes will be communicated by email or through the Service before taking effect. Continued use after changes take effect constitutes acceptance. If you do not agree, you may cancel.

10. Termination by us

We may suspend or terminate an account for non-payment as described above, for breach of these Terms, or where required by law. Except in cases of abuse or legal requirement, we will give notice and a reasonable opportunity to export data.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

12. Limitation of liability

To the fullest extent permitted by law, Athlete Rising is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability arising out of or relating to the Service will not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold harmless Athlete Rising from claims arising out of your use of the Service, your data, your communications with your members, or your violation of these Terms or applicable law.

14. Governing law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. The exclusive venue for disputes is the state and federal courts located in Kings County, New York.

15. Contact

Athlete Rising LLC
Brooklyn, New York
hello@athleterising.com