Ameliatory LLC Terms of Service
Effective Date: January 1, 2026
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "Customer") and Ameliatory LLC ("we," "us," or "our") governing your access to and use of our websites, applications, and services (collectively, the "Services").
By creating an account or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.
If you do not agree to these Terms, do not use our Services.
2. Description of Services
Ameliatory LLC provides software and services designed for fitness studios, wellness businesses, and related organizations. Our Services may include automated communication tools, scheduling integrations, business management features, and related functionality.
Our Services may use artificial intelligence, automated systems, and third-party integrations to perform tasks on your behalf. You understand that automated systems may occasionally produce errors or unexpected results, and you agree to monitor and review outputs as appropriate for your business.
3. Account Registration
To use our Services, you must create an account and provide accurate, complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized access or security breach
- Keeping your account information current and accurate
We reserve the right to suspend or terminate accounts that contain false information or that we reasonably believe are being misused.
4. Subscription and Payment
Fees
Access to our Services requires a paid subscription unless otherwise specified. Subscription fees, included usage allowances, and overage charges are described on our website or in your order documentation.
Billing
Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). Overage charges, if applicable, are billed in arrears. You authorize us to charge your designated payment method for all fees incurred.
Price Changes
We may change our fees upon reasonable notice. Price changes will take effect at your next renewal period. If you do not agree to a price change, you may cancel your subscription before the change takes effect.
Cancellation
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial billing periods unless required by law.
Taxes
Fees are exclusive of taxes. You are responsible for any applicable sales, use, VAT, or similar taxes, except for taxes based on our net income.
5. Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable law, regulation, or third-party rights
- Use the Services for any fraudulent, deceptive, or harmful purpose
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to any part of the Services
- Use the Services to transmit spam, malware, or other harmful content
- Reverse engineer, decompile, or attempt to extract source code from the Services
- Resell, sublicense, or share access to your account without our permission
- Use the Services in any way that could harm minors
- Misrepresent your identity or affiliation with any person or entity
We reserve the right to investigate violations and take appropriate action, including suspending or terminating your access.
6. Your Content and Data
Your Content
You retain ownership of any content, data, or information you submit to the Services ("Your Content"). By using our Services, you grant us a limited license to use, process, and store Your Content solely to provide and improve the Services.
Customer Data
Some of our Services involve processing information about your customers, clients, or other third parties ("Customer Data"). You represent and warrant that:
- You have all necessary rights and permissions to provide Customer Data to us
- Your collection and sharing of Customer Data complies with all applicable laws
- You have provided any required notices and obtained any required consents
- Your use of our Services in connection with Customer Data complies with your own privacy policy and applicable regulations
You are solely responsible for the accuracy, legality, and appropriateness of Customer Data.
Data Processing
We process Your Content and Customer Data in accordance with our Privacy Policy. You acknowledge that our Services may involve transmission and storage of data using third-party infrastructure providers.
7. Third-Party Integrations
Our Services may integrate with third-party platforms, applications, or services ("Third-Party Services"). To enable integrations, you may need to authorize us to access your accounts on Third-Party Services.
You acknowledge that:
- Your use of Third-Party Services is governed by their respective terms and policies
- We are not responsible for the availability, accuracy, or practices of Third-Party Services
- Integration functionality depends on continued availability of third-party APIs, which may change
- You are responsible for maintaining valid credentials and authorizations for Third-Party Services
- We may access and use data from Third-Party Services as authorized by you and as necessary to provide our Services
If a Third-Party Service makes changes that affect our integration, we will use reasonable efforts to maintain functionality but cannot guarantee uninterrupted service.
8. Artificial Intelligence and Automated Services
Certain features of our Services use artificial intelligence, machine learning, or other automated technologies to perform tasks such as communication handling, data processing, or decision support.
You acknowledge and agree that:
- Automated systems may produce occasional errors, inaccuracies, or unexpected results
- You are responsible for reviewing and verifying outputs as appropriate for your use case
- AI-generated communications are made on your behalf and you are responsible for their content
- We continuously work to improve our systems but do not guarantee specific accuracy rates
- Automated services are tools to assist your business, not replacements for your judgment
9. Intellectual Property
Our Intellectual Property
The Services, including all software, designs, text, graphics, and other content provided by us, are owned by Ameliatory or our licensors and are protected by intellectual property laws. These Terms do not grant you any ownership rights in our Services or intellectual property.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during your subscription term.
Feedback
If you provide suggestions, ideas, or feedback about our Services ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use that Feedback for any purpose without obligation to you.
10. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that: (a) becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMELIATORY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE CAUSE OF ACTION OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to indemnify, defend, and hold harmless Ameliatory and our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) Customer Data or Your Content.
14. Term and Termination
Term
These Terms are effective when you first access or use the Services and continue until terminated.
Termination by You
You may terminate your account at any time by canceling your subscription and ceasing use of the Services.
Termination by Us
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms.
Effect of Termination
Upon termination: (a) your right to access the Services immediately ceases; (b) we may delete Your Content and account data after a reasonable period; (c) provisions that by their nature should survive termination will survive, including intellectual property rights, disclaimers, limitations of liability, and indemnification.
15. Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles.
Informal Resolution
Before initiating formal proceedings, you agree to contact us and attempt to resolve any dispute informally for at least thirty (30) days.
Arbitration
Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Seattle, Washington, or another mutually agreed location. The arbitrator's decision will be final and binding.
Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive any right to participate in class actions, class arbitrations, or representative proceedings.
Exceptions
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.
16. General Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any order documentation, constitute the entire agreement between you and Ameliatory regarding the Services.
Amendments. We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or notice within the Services. Continued use after changes constitutes acceptance.
Waiver. Our failure to enforce any provision of these Terms does not waive our right to enforce it later.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Notices. We will send notices to the email address associated with your account. You may send notices to the address below.
Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
17. Contact Us
If you have questions about these Terms, please contact us at: tos@ameliatory.com
