User Terms of Service
PERSPYRE
End User Terms of Service
Last Updated: July 9, 2026
These Terms apply to individuals who use the Perspyre platform — typically through a gym, studio, school, clinic, or other business that has its own agreement with Perspyre. If you are a business customer, your use is governed by the Perspyre Master SaaS Agreement, not these Terms.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 19), DISCLAIMERS OF WARRANTIES (SECTION 16), AND LIMITATIONS OF LIABILITY (SECTION 17). THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 19.7.
1. INTRODUCTION; ACCEPTANCE
1.1 These End User Terms of Service (these “Terms”) govern your access to and use of the software platform, websites, mobile applications, and related services (collectively, the “Services”) provided by Perspyre Technologies, Inc., a Delaware corporation (“Perspyre,” “we,” “us,” or “our”), when you use the Services as an individual — for example, as a client, member, participant, student, coach, or staff member of a business that uses the Perspyre platform (your “Organization”).
1.2 By creating an account, accessing, or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
1.3 These Terms include a binding arbitration provision and class action waiver (Section 19) that affect your legal rights, and limitations on our liability (Sections 16 and 17). Please read them carefully.
1.4 If you use the Services on behalf of a business under a separate agreement between that business and Perspyre (such as our Master SaaS Agreement), that agreement governs the business’s relationship with Perspyre, and these Terms govern your individual access.
2. YOUR ORGANIZATION; PERSPYRE’S ROLE
2.1 Technology Provider Only. Perspyre provides software that Organizations use to run their businesses — for example, scheduling, memberships, billing, messaging, documents, and related tools. Your Organization, not Perspyre, is responsible for the services, programs, sessions, instruction, advice, products, pricing, memberships, policies, and content it offers to you, and for its conduct and its staff’s conduct. Perspyre is not a party to any agreement between you and your Organization.
2.2 Organization Control. Your Organization may control aspects of your account and data within its workspace, including creating, accessing, modifying, suspending, or removing your profile, and configuring what features are available to you. Perspyre may follow your Organization’s instructions regarding your account and data within its workspace. Questions about your membership, billing by your Organization, refunds, or your data within an Organization’s workspace should be directed to your Organization.
2.3 White-Label Presentation. The Services may be presented under your Organization’s branding. Regardless of branding, the underlying software is provided by Perspyre and your use of it is governed by these Terms.
3. ELIGIBILITY; ACCOUNTS
3.1 Age. You must be at least 13 years old (or the higher minimum age required in your jurisdiction) to use the Services. If you are under the age of majority, you may use the Services only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf, or as authorized by your Organization consistent with applicable law. Parents and guardians are responsible for their minors’ use of the Services.
3.2 Account Information. You agree that the registration information you provide is accurate and current, and that you will keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at contact@perspyre.com if you suspect unauthorized use. We may suspend access to your account or certain features if we believe there is a security risk.
4. ACCEPTABLE USE
4.1 You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not: (a) violate any law or the rights of any person; (b) interfere with or disrupt the Services or attempt to access them by any means other than the interfaces we provide; (c) probe, scan, or test the vulnerability of the Services, bypass rate limits or access controls, or access undocumented interfaces; (d) scrape, harvest, or extract data from the Services by automated means; (e) upload malicious code or false, misleading, or unlawful content; (f) solicit credentials, payment information, or other sensitive information from other users; (g) harass, threaten, defame, or abuse any person, or post content that is hateful, pornographic, exploitative of minors, or that incites violence; (h) send spam or unauthorized commercial messages; or (i) reverse engineer, copy, resell, or create derivative works of the Services except as permitted by law.
4.2 We may investigate suspected violations and may remove content, restrict features, or suspend or terminate accounts, at any time and with or without notice, if we believe these Terms have been violated or to protect the Services, our users, or others.
5. YOUR CONTENT
5.1 Ownership. You retain ownership of the intellectual property rights you hold in the content you submit to the Services, such as photos, videos, text, results, and documents (“Your Content”).
5.2 License. So that we can operate the Services, you grant Perspyre and its service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt, transmit, and display Your Content as reasonably necessary to (a) provide, maintain, secure, support, and improve the Services; (b) provide the Services to your Organization; and (c) comply with applicable law. This license continues for as long as Your Content remains on our systems, subject to routine backup, security, and legal-hold retention.
5.3 Responsibility. You are solely responsible for Your Content and represent that you have the rights necessary to submit it. We do not routinely review user content and are not responsible for content submitted by users, Organizations, or other third parties, but we may remove or refuse to display content that we believe violates these Terms or applicable law.
5.4 Sharing Risks. If you share information or content with other users or your Organization, you assume the risks of that sharing. Perspyre is not responsible for how other users or your Organization use information you make available to them.
6. COMMUNICATIONS
6.1 Service Messages. By using the Services, you consent to receive transactional and operational communications from Perspyre and your Organization through the Services, including emails, push notifications, and text messages relating to your account, bookings, schedules, payments, security, and similar matters.
6.2 Text Messaging. Message frequency varies, and message and data rates may apply. You can opt out of text messages by replying STOP (and can get help by replying HELP). Opting out of marketing messages does not stop operational or transactional messages, which may still be sent as permitted by law. You represent that any phone number you provide is yours and that you are authorized to consent to communications at that number.
6.3 Marketing. Marketing communications, if any, will be sent consistent with applicable law, and consent to marketing is not a condition of any purchase. You may opt out of marketing at any time using the mechanisms provided. Your Organization is responsible for communications it initiates or configures through the Services.
7. PRIVACY
7.1 Our Privacy Policy explains how we collect, use, and share personal information in connection with the Services. Where your Organization uses the Services to process your personal information, your Organization is responsible for its own privacy practices, notices, and legal bases, and we process that information on your Organization’s behalf to provide the Services. For certain activities described in our Privacy Policy, Perspyre acts as an independent controller. Requests concerning personal information held within your Organization’s workspace may be directed to your Organization, and we may refer such requests to your Organization where it is the responsible party.
8. PAYMENTS
8.1 Payments to Your Organization. The Services may allow you to make payments to your Organization (for example, for memberships, sessions, or products). Those transactions are between you and your Organization. Your Organization is responsible for its pricing, billing practices, renewals, cancellations, refunds, and disputes, and you should review your Organization’s terms and policies before purchasing.
8.2 Processors. Payments are processed by third-party payment processors, and your use of payment features may be subject to the processor’s terms and privacy policy. You authorize the applicable processor to charge your designated payment method for amounts you authorize, including recurring charges where you enroll in them. Perspyre is not a bank and does not hold your funds.
8.3 Accuracy. You agree to provide accurate payment information and to keep it current. Chargebacks and disputes may be handled by your Organization and the processor under their applicable rules.
9. ACTIVITIES; NO PROFESSIONAL ADVICE
9.1 Your Organization’s Activities. Any activities, programs, training, events, or services you participate in through or in connection with your Organization — including physical activities — are offered by your Organization at your own risk and subject to any agreements, waivers, and policies between you and your Organization. Perspyre does not supervise, direct, or control your Organization’s activities and has no responsibility or liability for them, including for any injury, loss, or damage arising from your participation.
9.2 Informational Content Only. Content available through the Services — including workout programming, nutrition information, educational materials, templates, reports, and output of any AI features — is provided for general informational purposes only and does not constitute medical, health, fitness, nutrition, legal, financial, or other professional advice. Consult a qualified professional before making decisions based on such content, including before beginning any exercise or nutrition program. Never disregard professional advice because of something you accessed through the Services.
10. AI FEATURES
10.1 The Services may include features powered by artificial intelligence, which may be provided through third-party model providers. AI-generated output is produced by automated systems and may be inaccurate, incomplete, or inappropriate for your circumstances. You should independently verify AI output before relying on it. We may log inputs and outputs of AI features for operations, safety, security, support, and legal compliance, and we may modify, limit, or discontinue AI features at any time. PERSPYRE MAKES NO WARRANTY REGARDING AI FEATURES OR AI OUTPUT AND HAS NO LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THEM.
11. INTELLECTUAL PROPERTY; LICENSE TO YOU
11.1 Our Property. The Services, including all software, designs, interfaces, text, graphics, logos, and other materials provided by Perspyre, are owned by Perspyre and its licensors and are protected by intellectual property laws. Except for Your Content, using the Services does not give you ownership of any intellectual property rights in the Services or the content you access through them.
11.2 Your License. Subject to these Terms, Perspyre grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services (including any software we make available for download) solely to access and use the Services as intended. Software may update automatically on your device, and you consent to such updates.
11.3 Restrictions. You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Services, or reverse engineer or attempt to extract source code, except to the extent permitted by law or with our written permission. You may not use Perspyre’s names, logos, or trademarks without our prior written consent.
11.4 Feedback. If you provide feedback or suggestions, we may use them for any purpose without obligation to you.
12. COPYRIGHT COMPLAINTS (DMCA)
12.1 We respect intellectual property rights and expect users to do the same. If you believe content on the Services infringes your copyright, send a notification to our designated agent containing the information required by 17 U.S.C. § 512(c)(3): (a) identification of the copyrighted work; (b) identification and location of the allegedly infringing material; (c) your name, address, telephone number, and email; (d) a statement of your good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the notification is accurate and that you are authorized to act for the copyright owner; and (f) your physical or electronic signature.
12.2 If you believe material you posted was removed by mistake or misidentification, you may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g)(3). We may forward notices and counter-notices to the affected parties. We will terminate the accounts of repeat infringers in appropriate circumstances.
12.3 Designated Agent: Perspyre Technologies, Inc., Attn: Copyright Agent, 49 Clarendon St, Watertown, MA 02472, contact@perspyre.com.
13. THIRD-PARTY SERVICES; APP STORES
13.1 Third-Party Services. The Services may link to or interoperate with third-party products, services, or integrations, which are governed by their own terms and privacy policies. We do not control and are not responsible for third-party services, and we may disable integrations that we believe pose security, compliance, or operational risk.
13.2 Apple. If you download our mobile applications from the Apple App Store: these Terms are between you and Perspyre only, not Apple Inc. (“Apple”); Apple has no obligation to provide maintenance or support for the applications; in the event of a failure of an application to conform to an applicable warranty, you may notify Apple and Apple will refund any purchase price you paid for the application, and, to the maximum extent permitted by law, Apple has no other warranty obligation; Apple is not responsible for addressing claims relating to the applications, including product liability, regulatory, or consumer protection claims, or third-party claims that the applications infringe intellectual property rights; you represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting and are not on any U.S. Government restricted-party list; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.
13.3 Google. If you download our mobile applications from Google Play, you acknowledge that these Terms are between you and Perspyre only, that Google LLC has no responsibility or liability for the applications, and that you should contact Perspyre, not Google, regarding any defect or performance issue.
13.4 Carriers. Use of mobile features may result in messaging and data charges from your wireless carrier, which are your responsibility.
14. CHANGES TO THE SERVICES
14.1 The Services change over time. We may add, modify, or remove features or functionality, impose or change limits, and suspend or discontinue any part of the Services, at any time, with or without notice, and without liability to you. Free, trial, and beta features are provided AS IS and may be changed or withdrawn at any time.
15. TERMINATION
15.1 You may stop using the Services at any time. Your Organization may deactivate your access to its workspace at any time. We may suspend or terminate your access to the Services at any time, with or without notice, including if we believe you have violated these Terms, if your Organization’s agreement with us ends, or to protect the Services, our users, or others. Sections 5.2 (for the retention period described), 9, 10, 11, 16, 17, 18, 19, and 20 survive termination.
16. DISCLAIMERS
16.1 THE SERVICES AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSPYRE AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. PERSPYRE DOES NOT WARRANT ANY SERVICES, PROGRAMS, CONTENT, OR CONDUCT OF ANY ORGANIZATION OR OTHER USER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY
17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) PERSPYRE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) PERSPYRE HAS NO LIABILITY FOR THE ACTS, OMISSIONS, SERVICES, PROGRAMS, OR CONTENT OF ANY ORGANIZATION OR OTHER USER, FOR THIRD-PARTY SERVICES, FOR ANY UNAVAILABILITY OF THE SERVICES OR LOSS OF DATA, OR FOR FREE, TRIAL, OR BETA FEATURES; AND (C) THE AGGREGATE LIABILITY OF PERSPYRE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO PERSPYRE (NOT TO YOUR ORGANIZATION) FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY AND ONE HUNDRED U.S. DOLLARS (US$100).
17.2 NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
18. INDEMNIFICATION
18.1 To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Perspyre, its affiliates, and their respective officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to Your Content, your violation of these Terms or applicable law, or your misuse of the Services, except to the extent a court of competent jurisdiction finds the claim arose solely from Perspyre’s violation of applicable law.
19. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS WAIVER
19.1 Informal Resolution First. Before filing an arbitration or permitted court claim, you and Perspyre agree to try to resolve any dispute informally. The party raising the dispute must send a written notice describing the dispute and the relief sought (to Perspyre at the address in Section 21, or to you at your account email), and the parties will attempt in good faith to resolve it, including through an individualized telephone or video conference if requested, for sixty (60) days. Limitations periods are tolled during this process, and completing it is a condition to starting a formal proceeding.
19.2 Arbitration Agreement. Except as provided in Sections 19.5 and 19.6, you and Perspyre agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including disputes about the scope or enforceability of this Section — will be resolved exclusively by final and binding arbitration on an individual basis, administered by a nationally recognized arbitration provider (such as JAMS or the AAA) under its rules applicable to consumer disputes, before a single arbitrator. This Section is governed by the Federal Arbitration Act. Arbitration hearings may proceed by videoconference or, if in person, in the county where you live or another mutually agreed location. Fees and costs will be allocated as required by the applicable rules and law. The arbitrator will issue a reasoned written award, and judgment on the award may be entered in any court of competent jurisdiction.
19.3 Class Action and Jury Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PERSPYRE EACH WAIVE THE RIGHT TO PURSUE OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, WHETHER IN ARBITRATION OR COURT, AND THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF. YOU AND PERSPYRE EACH WAIVE THE RIGHT TO A JURY TRIAL. Where required by law, this Section does not waive any non-waivable right to seek public injunctive relief in court.
19.4 Mass Arbitration. If twenty-five (25) or more similar arbitration demands are filed against Perspyre within one hundred eighty (180) days by or with the coordination of the same law firm or coordinated firms, the demands will be resolved in randomized batches of no more than twenty-five (25), beginning with bellwether batches arbitrated to final award, followed by a global mediation, with the remaining demands stayed and filing fees deferred in the interim. The arbitrator may not consolidate claims across batches without the parties’ consent.
19.5 Small Claims. Either party may bring an individual claim in small claims court if it qualifies for that court’s jurisdiction and proceeds on an individual basis.
19.6 IP Injunctive Relief. Perspyre may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or the security or integrity of the Services.
19.7 Opt-Out. You may opt out of this arbitration agreement within thirty (30) days after first accepting these Terms by sending a written notice with your name, account email, and a clear statement that you opt out of arbitration to contact@perspyre.com or the mailing address in Section 21. Opting out does not affect any other provision of these Terms.
19.8 Severability. If the class waiver in Section 19.3 is found unenforceable as to a particular claim, that claim will proceed in court under Section 20, and the remainder of this Section 19 remains in effect. This Section 19 survives termination of these Terms.
20. GOVERNING LAW; CHANGES; GENERAL
20.1 Governing Law; Venue. These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 19, and except where the consumer protection laws of your state of residence provide non-waivable rights, which remain unaffected. Subject to Section 19, any claim that may proceed in court must be brought in the state or federal courts located in Wilmington, Delaware, and the parties consent to jurisdiction there.
20.2 Changes to These Terms. We may update these Terms from time to time. If we make material changes, we will provide notice, such as by in-product notice or email, and material changes will take effect no sooner than thirty (30) days after notice unless a shorter period is required for legal, security, or safety reasons. Changes to Section 19 apply prospectively only. Your continued use after the effective date constitutes acceptance; if you do not agree, stop using the Services.
20.3 General. These Terms are the entire agreement between you and Perspyre regarding your individual use of the Services and supersede prior agreements on that subject. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, financing, or sale of assets, or to an affiliate. These Terms do not create third-party beneficiary rights except as stated in Section 13. Headings are for convenience only.
21. CONTACT
21.1 The Services are provided by Perspyre Technologies, Inc., 49 Clarendon St, Watertown, MA 02472. Questions about these Terms: contact@perspyre.com. Support: contact@perspyre.com.