Legal
Terms of Service
Contents
- Acceptance of Terms
- Eligibility & Accounts
- Description of Service
- Connected Booking Software
- No Financial, Business, or Professional Advice
- Free Trial, Fees & Billing
- Acceptable Use
- Customer Data & End Client Data
- Intellectual Property
- Third-Party Services
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Term & Termination
- Governing Law & Dispute Resolution
- General Provisions
- Contact
1. Acceptance of Terms
These Terms of Service ("Terms") form a binding agreement between you (an individual or the business entity you represent, "Customer," "you") and Body Shape Fitness Studio LLC, doing business as StudioCheck ("StudioCheck," "we," "us"). They govern your access to and use of the StudioCheck web application, dashboards, and related services (the "Service"). If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.
2. Eligibility & Accounts
You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use of your account.
3. Description of Service
StudioCheck analyzes data from a Customer's connected booking software to surface operational insights, including class occupancy, member churn-risk signals, and revenue-leak indicators (the "Analytics"). The Service is provided for informational purposes to assist studio operators in making their own business decisions. StudioCheck does not operate, manage, or make decisions on behalf of any studio.
4. Connected Booking Software
To use the Service, you must authorize StudioCheck to connect, on a read-only basis, to a third-party booking platform you control. You represent and warrant that you have the necessary rights and authority to grant StudioCheck this access, including any consents required from your own clients under applicable law or your agreements with your booking software provider. StudioCheck is not responsible for the accuracy, completeness, or availability of data provided by third-party booking platforms, nor for any change, suspension, or termination of your account with such platforms.
5. No Financial, Business, or Professional Advice
The Analytics, recommendations, projections, and any figures presented by the Service (including estimates of "recoverable revenue," occupancy targets, or churn-risk scores) are informational estimates only, generated from historical data you provide. They are not guarantees, projections of actual future performance, or professional financial, accounting, legal, or business advice. Actual results depend on factors outside StudioCheck's knowledge or control, including your execution of any recommendation, market conditions, and data accuracy. You are solely responsible for any business decisions made using the Service, and StudioCheck disclaims all liability for outcomes resulting from your reliance on the Analytics.
6. Free Trial, Fees & Billing
6.1 Free Trial. We may offer a free trial period (currently 30 days) for new accounts. We reserve the right to modify or discontinue the trial, or any aspect of it, at any time without notice.
6.2 Subscription Fees. Paid plans are billed in advance on a monthly or annual basis as selected at signup, in accordance with the pricing displayed at the time of purchase. Fees are non-refundable except as expressly stated in these Terms or as required by applicable law.
6.3 Changes to Pricing. We may change subscription fees on renewal, provided we give you at least 30 days advance notice. Continued use after a price change takes effect constitutes acceptance of the new pricing.
6.4 Taxes. Fees are exclusive of applicable taxes, which you are responsible for unless we are required by law to collect them.
6.5 Failed Payments. If payment cannot be processed, we may suspend or downgrade your account until payment is resolved.
7. Acceptable Use
You agree not to:
- Use the Service to process data you do not have the lawful right to share;
- Reverse-engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;
- Interfere with or disrupt the integrity or performance of the Service;
- Attempt to gain unauthorized access to the Service, other accounts, or connected systems;
- Use the Service to build a competing product or for any unlawful purpose;
- Resell, sublicense, or provide access to the Service to any third party without our prior written consent.
We reserve the right to suspend or terminate accounts that violate this Section.
8. Customer Data & End Client Data
As between you and StudioCheck, you retain all rights, title, and interest in the data you submit or connect to the Service, including data originating from your booking software ("Customer Data"). You grant StudioCheck a limited, non-exclusive license to access, process, and display Customer Data solely to provide and improve the Service, as described in our Privacy Policy. You are solely responsible for ensuring your collection and sharing of End Client Data with StudioCheck complies with applicable data protection law, including obtaining any necessary consents from your clients.
9. Intellectual Property
The Service, including its software, design, text, graphics, and the StudioCheck name and logo, is owned by StudioCheck or its licensors and is protected by intellectual property laws. Except for the limited right to use the Service as permitted by these Terms, no rights are granted to you. Any feedback, suggestions, or ideas you provide about the Service may be used by StudioCheck without restriction or compensation to you.
10. Third-Party Services
The Service integrates with third-party booking platforms and other services that are not owned or controlled by StudioCheck. We are not responsible for the content, accuracy, availability, security practices, or terms of any third-party service. Your use of any third-party service is governed solely by that provider's own terms.
11. Disclaimer of Warranties
The service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. StudioCheck does not warrant that the service will be uninterrupted, error-free, secure, or that the analytics will be accurate, complete, or achieve any particular business outcome. No advice or information obtained from StudioCheck, whether oral or written, shall create any warranty not expressly stated in these terms.
12. Limitation of Liability
To the maximum extent permitted by applicable law: (a) in no event shall StudioCheck, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of the service, even if advised of the possibility of such damages; and (b) StudioCheck's total aggregate liability arising out of or relating to these terms or the service shall not exceed the greater of (i) the amount you paid to StudioCheck in the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars (US$100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, StudioCheck's liability will be limited to the greatest extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless StudioCheck and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of a third party, including any End Client whose data you shared with the Service without appropriate authorization; or (d) any business decision made in reliance on the Analytics.
14. Term & Termination
These Terms remain in effect while you use the Service. You may cancel your subscription at any time through your account settings or by contacting us; cancellation takes effect at the end of the current billing period, and no refund will be issued for the remaining period except as required by law. We may suspend or terminate your access immediately, with or without notice, if you breach these Terms, fail to pay fees when due, or if we reasonably believe termination is necessary to protect the Service, other users, or comply with law. Upon termination, your right to use the Service ceases immediately; provisions that by their nature should survive (including Sections 9, 11, 12, 13, 15, and 16) will survive termination.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as applicable in the Emirate of Dubai, without regard to its conflict-of-laws principles.
15.1 Informal Resolution. Before filing a claim, you agree to first contact us at hello@studiocheckapp.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
15.2 Arbitration. [PLACEHOLDER — TO BE FINALIZED WITH COUNSEL] Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by [ARBITRATION BODY, e.g., AAA/JAMS] under its applicable rules, on an individual basis. You and StudioCheck each waive any right to a jury trial or to participate in a class action, to the extent permitted by applicable law. This arbitration provision may not be enforceable in all jurisdictions (including certain EU/UK consumer contexts) and should be reviewed by qualified local counsel before publication.
15.3 Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
16. General Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any order form or DPA referencing them, constitute the entire agreement between you and StudioCheck regarding the Service.
Modifications. We may update these Terms from time to time. Material changes will be notified via the Service or email at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any right or provision will not be considered a waiver of that right or provision.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure. StudioCheck is not liable for any failure or delay resulting from causes beyond its reasonable control, including acts of God, internet or hosting outages, or third-party booking platform outages.
17. Contact
Body Shape Fitness Studio LLC
Miracle Hills 2, No. 9, Arjan, Dubai, UAE
Email: hello@studiocheckapp.com