Terms of Service

The service

These terms govern your access to and use of torq+'s websites, applications and services, including the staff app at app.torqplus.com, the member portal at portal.torqplus.com and torqplus.com (together, the “Service”). torq+ (“torq+,” “we,” “us” or “our”) operates the Service. By creating an account or using the Service, you agree to these terms. In these terms, “studio” means the gym, studio or other business that holds a torq+ account, and “you” means the studio, its staff, or a member using a studio's portal, as the context requires.

The Service provides software for gyms and fitness studios: members and plans; scheduling, waitlists and check-ins; a member portal; billing with cards and ACH on file, recurring charges and failed-payment recovery; versioned documents and e-signatures; loyalty, guest passes and promo codes; email campaigns and automations; prospects; reports; and CSV import and export. We may add, change or discontinue parts of the Service, and we'll give reasonable notice of material changes.

Eligibility and accounts

You must be at least 18 years old and able to enter a binding contract to hold a studio or staff account. The person who creates a studio's account confirms they're authorized to bind the studio to these terms.

torq+ has no passwords: you sign in with a one-time code sent to your email. You're responsible for keeping your email account secure, for your account, and for the actions of the staff you invite and the access levels you give them. Provide accurate information and keep it current. We may suspend or terminate accounts that violate these terms.

Members and the portal

Each studio runs its own member portal and sets its own plans, prices, schedules, booking windows, cancellation and freeze rules, late-cancel and no-show fees, and other policies. A member's membership, bookings and purchases are agreements between the member and the studio. torq+ provides the software and isn't a party to them.

Loyalty points, rewards, guest passes and promo codes are run by each studio under its own rules. They have no cash value unless the studio says otherwise, and questions about them go to the studio.

Studios may enroll minors as members with a parent's or guardian's permission. The studio is responsible for getting that permission, including on any waiver, where the law requires it.

Pricing and fees

The torq+ software is free, with no tiers, no subscription and no per-member or per-booking fees. Cash payments cost $0. Card and ACH payments run through our payment partner, PaidYET, for a flat five cents (5¢) per transaction, as published on our pricing page.

Merchant account options are available, or you can bring your own merchant account. Either way, card and ACH payments run through PaidYET at the same 5¢ per transaction. Any charges from your merchant account provider are set under your agreement with that provider, not by torq+.

torq+ is not a bank and doesn't hold your funds. Settlement is handled by your merchant account provider. You're responsible for any taxes on your sales.

Payments and recurring billing

Studios can keep a member's card or bank account on file and charge it for memberships, packs, fees and balances, including on a recurring schedule. The studio, not torq+, decides what to charge its members, when and how often. Getting a member's authorization for those charges, and honoring cancellations, is between the studio and the member. Studios are responsible for complying with the laws that apply to recurring charges and electronic payments, including card network and ACH rules.

When a payment fails, the Service retries it and lets the member update their payment method in the portal, following the studio's settings. Refunds, chargebacks, ACH returns and disputes are the studio's responsibility, handled with its merchant account provider.

torq+ doesn't store card or bank account numbers. They go directly to PaidYET, which returns a token that torq+ uses to charge the account on file. Members with questions about a charge should contact their studio.

Documents and e-signatures

Studios can publish waivers, agreements and policies in torq+ and collect electronic signatures on them. By signing a document in torq+, you agree that your electronic signature has the same effect as a handwritten one. torq+ records each signature with the document version, the date and time, and the other details described in our Privacy Policy.

Each studio writes its own documents and is responsible for their content and for whether they're enforceable where it operates. torq+ provides the tools to publish and sign documents, not legal advice, and isn't a party to any document a studio and its member sign.

Marketing messages

Studios can send email campaigns and automated emails to their members through torq+. Studios may send marketing only to members who have agreed to receive it, and are responsible for their message content and for complying with anti-spam laws, including the CAN-SPAM Act. Every marketing email includes a one-click unsubscribe link, and torq+ honors unsubscribes automatically.

Your data

Your studio's data is yours: your members, plans, schedules, bookings, billing records, documents and signatures. You grant torq+ a non-exclusive license to host, process and display that data solely to provide and improve the Service. You're responsible for having the right to collect and use the member information you enter or import, and for handling it lawfully and in line with our Privacy Policy.

You can export your studio's records at any time, including members, history, documents and signatures. Exports don't include payment tokens.

Acceptable use

Don't misuse torq+. You agree not to: break the law; infringe others' rights; charge members without their authorization; send spam or deceptive messages; upload malware; scrape, probe or try to gain unauthorized access to the Service or other studios' data; or interfere with how the Service runs. We may remove content or suspend access that violates these terms.

Third parties

torq+ works with third-party services, including PaidYET for payments and providers that deliver email and host the Service. Your use of PaidYET and of your merchant account is also subject to their own terms, and we aren't responsible for third-party services. Memberships, bookings and transactions are between the studio and its members. torq+ isn't a party to them.

Intellectual property

torq+ owns the Service, including its software, design and logos, but not your data. You may not copy, modify or reverse-engineer the Service without our written consent. If you send us feedback, we may use it without obligation to you.

Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't warrant that the Service will be uninterrupted, error-free or completely secure.

Limitation of liability

To the fullest extent permitted by law, torq+ and its officers, directors, employees and agents won't be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or goodwill. Our total liability for any claim relating to the Service won't exceed the greater of the amounts you paid torq+ in the twelve months before the claim or US $100.

Indemnification

You agree to indemnify and hold harmless torq+ from claims, damages and expenses arising out of your use of the Service, your data, your violation of these terms, or your dealings with members, guests or third parties, including the charges you make and the documents you publish.

Termination

There's no contract term and no exit fee. You may stop using the Service at any time. To close your studio's account, email [email protected], and export your records first. We may suspend or terminate your access if you breach these terms. Provisions that by their nature should survive termination, including data ownership, disclaimers, limitation of liability and indemnification, will survive.

Governing law

These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Los Angeles County, California. You agree to first try to resolve any dispute informally by contacting us and allowing 30 days for a response.

Changes to these terms

We may update these terms from time to time. For material changes, we'll give notice by email or in the Service at least 14 days before they take effect, and we'll update the dates at the top of this page. Continuing to use the Service after that means you accept the updated terms.

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