Terms of Service

1. Agreement

By creating an account or using DojoOS ("Service"), operated by DojoOS ("we", "us"), you agree to these Terms of Service. If you do not agree, do not use the Service.

2. Your account

You must provide accurate information and are responsible for safeguarding your credentials and for all activity under your account. You must be at least 18 years old to create an owner account on behalf of a gym or studio.

3. Acceptable use

You agree not to misuse the Service, including: violating laws, infringing intellectual property, uploading malware, attempting to access other tenants' data, reselling the Service, or sending unsolicited communications through it.

4. Your data

You retain ownership of all data you and your members upload ("Customer Data"). You grant us a limited license to host, process, and display Customer Data solely to provide the Service. You are responsible for the accuracy of Customer Data and for obtaining any consents required to upload it (including data about minors and emergency contacts).

5. Subscriptions and fees

New gym accounts include a 14-day free trial. We may require a payment method to start the trial; you will not be charged until the trial ends and you can cancel any time before then. Paid plans are billed in advance on a recurring basis. Fees are non-refundable except where required by law. We may change pricing with at least 30 days' notice; changes take effect on your next renewal.

If your subscription becomes past due, we will email account owners and may temporarily restrict access to portions of the Service after a reasonable grace period. Owners can always reach the billing page to update payment.

One-time fees and add-ons. Certain features require one-time setup fees (for example, SMS carrier registration) or optional add-on packs (for example, additional SMS message packs). One-time fees are charged immediately to the payment method on file at the time the feature is provisioned and are non-refundable, including if you later cancel the feature or your subscription. Add-on packs purchased as one-time charges apply only to the current billing period and do not roll over; recurring add-on packs renew with your subscription until cancelled.

6. Third-party services

The Service integrates with third parties (payment processors, email providers, authentication providers). Your use of those services is governed by their own terms. We are not responsible for third-party services.

7. Payment processing & member transactions

DojoOS is not the merchant of record for payments collected from your members. When you connect a Stripe account, you (the gym) own that account, charges are processed directly on your account, and funds settle directly to your bank. DojoOS never holds member funds.

As the merchant of record for your members, you are solely responsible for: pricing, refunds, chargebacks and disputes, sales tax / VAT collection and remittance, 1099-K and other tax filings, customer support for billing inquiries, and compliance with Stripe's Connected Account Agreement and applicable law. DojoOS may charge a per-transaction platform fee disclosed in your plan; standard Stripe processing fees are charged separately by Stripe.

If a member believes a charge is unauthorized or incorrect, they should contact the gym that processed the charge first. DojoOS is not party to the underlying transaction and cannot issue refunds on the gym's behalf.

7a. Email communications

By using the Service, you consent to receive transactional emails necessary to operate your account (welcome, trial reminders, receipts, payment-failure notices, security alerts). These cannot be disabled while your account is active. Marketing emails are opt-in and can be turned off at any time from your profile or via the unsubscribe link in any marketing message.

When DojoOS sends emails on behalf of a gym to its members, the gym's name appears in the From and the gym's contact email is set as Reply-To. Gyms are responsible for the content and lawfulness of communications they trigger through the Service.

7c. SMS / text messaging

DojoOS provides SMS messaging through a third-party telecommunications provider (currently Twilio). When SMS is enabled, the gym is provisioned a dedicated local phone number and pays a one-time, non-refundable setup fee that covers carrier registration required by U.S. carriers (A2P 10DLC brand and campaign registration). Provisioning and registration require submitting business information (legal name, address, EIN/tax ID, website, sample messages) to the carrier registry; approval typically takes 1–3 weeks and sending may be limited or blocked until approved.

Included usage and overage. Each base plan includes 500 outbound SMS segments per dojo per billing period. Usage above the included amount is blocked unless the gym purchases an overage pack (one-time for the current period, or recurring as a subscription add-on). Unused messages do not roll over. Message segments are counted per carrier rules; long messages, special characters, and MMS may consume multiple segments.

Gym responsibilities (sender of record). The gym is the sender of record for all SMS sent through its number and is solely responsible for: (a) obtaining prior express consent from each recipient as required by the TCPA, CAN-SPAM, CTIA guidelines, and other applicable law; (b) honoring opt-out requests (STOP, UNSUBSCRIBE, CANCEL, END, QUIT) and not contacting numbers that have opted out; (c) including required identifiers and opt-out instructions in messages where required; (d) the content, accuracy, and lawfulness of every message; and (e) maintaining records of consent. The gym agrees to indemnify and hold DojoOS harmless from any claim, fine, or penalty arising from messages it sends or causes to be sent through the Service.

Prohibited content. You may not use SMS to send messages relating to controlled substances, illegal activity, hate speech, harassment, deceptive marketing, phishing, or any "SHAFT" content (sex, hate, alcohol, firearms, tobacco) prohibited by carriers. We may suspend or terminate SMS without notice if we reasonably believe usage violates law, carrier rules, or these Terms.

Delivery and carrier behavior. Carriers may filter, delay, throttle, or block messages at their discretion. We do not guarantee delivery, deliverability rates, or message latency, and we are not liable for filtered or undelivered messages or for fees incurred when a message fails for reasons outside our control.

Phone numbers. Provisioned phone numbers are leased from the carrier and remain associated with your account while your SMS feature is active and your subscription is in good standing. If your account is cancelled, suspended, or the SMS feature is removed, the number is released back to the carrier and is no longer recoverable. Number portability is not guaranteed.

7b. Service availability

We aim for high availability but do not guarantee uninterrupted access. The Service may be unavailable during planned maintenance, third-party outages, or events outside our reasonable control. We do not currently offer a contractual uptime SLA; enterprise SLAs may be agreed in writing.

7d. Customer content & communications — gym responsibility

DojoOS is a software platform. We do not author, review, monitor, endorse, or pre-approve any content the gym creates, uploads, or sends through the Service, including but not limited to: member profiles and notes, waivers and policy documents, marketing pages and signup forms, email broadcasts and templates, SMS messages, automation messages, push notifications, lead capture forms, branding, and any other text, images, files, or links submitted by the gym or its staff (collectively, "Customer Content").

The gym is solely responsible for all Customer Content and all communications sent through the Service, including their accuracy, legality, decency, intellectual property clearance, and compliance with all applicable laws and platform/carrier rules — including but not limited to the TCPA, CAN-SPAM, GDPR, CCPA, COPPA, CTIA messaging principles, A2P 10DLC requirements, and any local consumer protection, advertising, marketing, health, or minor-protection laws.

Consent is the gym's responsibility. The gym represents and warrants that, prior to using the Service to send any email, SMS, push, or other communication to any member, prospect, parent, guardian, or other person, it has obtained all consents legally required to do so (including prior express written consent for marketing SMS where required), and that it maintains records of those consents. The gym must promptly honor all opt-out, unsubscribe, deletion, and "do not contact" requests and must not import, upload, or message any contact list it does not have a lawful basis to message. DojoOS provides tooling to record opt-outs and unsubscribes, but the gym remains responsible for using it correctly and for any communication sent in violation of consent or opt-out.

No endorsement; no liability for Customer Content. DojoOS does not warrant, guarantee, or assume responsibility for any Customer Content or for any consequence of any communication sent by a gym (or its staff, contractors, or automations) through the Service. To the maximum extent permitted by law, DojoOS disclaims all liability arising out of or related to Customer Content, communications sent by the gym, the gym's failure to obtain consent, the gym's failure to honor opt-outs, or the gym's violation of any law or third-party right in connection with the foregoing.

Indemnification. The gym agrees to defend, indemnify, and hold harmless DojoOS, its affiliates, officers, directors, employees, and subprocessors from and against any and all claims, demands, investigations, regulatory actions, fines, penalties, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) Customer Content; (ii) any communication (email, SMS, push, voice, or other) sent through the Service by the gym or anyone acting on the gym's behalf; (iii) the gym's lack of, or failure to obtain or maintain, required consents; (iv) the gym's failure to honor opt-out, unsubscribe, or deletion requests; (v) the gym's violation of the TCPA, CAN-SPAM, GDPR, CCPA, COPPA, CTIA rules, A2P 10DLC requirements, carrier rules, or any other applicable law; (vi) the gym's relationship with its members, prospects, employees, instructors, contractors, or third parties; and (vii) the gym's breach of these Terms.

Right to remove or suspend. Although we have no obligation to monitor Customer Content, we may (without liability) remove, disable, or suspend any Customer Content, communication, feature, account, or phone number if we reasonably believe it violates law, third-party rights, carrier or platform rules, or these Terms, or poses a risk to DojoOS, its subprocessors, other customers, or recipients.

8. Termination

You may cancel at any time from your account settings. We may suspend or terminate access for breach of these terms or to comply with law. On termination, you may export your data for a reasonable period before deletion.

9. Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of liability

To the maximum extent permitted by law, our total liability arising from or related to the Service shall not exceed the amounts you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

11. Changes

We may update these terms; material changes will be communicated by email or in-app notice. Continued use after changes take effect constitutes acceptance.

11a. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Disputes will be brought in the state or federal courts located in Delaware, except where applicable law gives you the right to bring a claim in your local jurisdiction.

12. End users (gym members)

If you are a member of a gym, studio, or school that uses DojoOS, by creating a member account, signing up through a gym's signup link, or using the member portal, you agree to these Terms and our Privacy Policy as they apply to your use of the Service. The agreement between you and your gym (waivers, membership terms, fees, refunds) is separate; for those matters, contact your gym directly.

13. Contact

Questions? Contact us or email legal@dojoos.io.