Terms of use
Break Point for Gyms is software that martial arts gyms use to run memberships, classes, payments, waivers and a member app. It's made by Built to Submit Enterprises, Inc. ("Break Point", "we"). These terms apply to two kinds of people: gyms (owners and their staff) and members (people who train at a gym, and parents of kids who train). By using the software you agree to them.
- For members
- Payments
- For gyms
- The VIP Plus pilot
- Your data
- Using the software
- Suspending or ending an account
- No guarantees
- Limits on liability
- Gym's responsibility for claims
- Disagreements
- Changes
- Other things
- Contact
1. For members
- Your membership is with your gym. Your prices, contract, cancellation rules, waiver, refunds and anything that happens at the gym are between you and your gym. Break Point provides the software your gym uses. Questions about your membership go to your gym.
- You must be 18 or older to create an account. Kids are added by a parent or by the gym, and the parent signs in for them.
- Waivers you sign in the app are agreements with your gym. Break Point provides the tool to sign them.
2. Payments
- Payments are processed by Stripe on the gym's own Stripe account. The gym is the seller you pay, and its name shows on your statement. Break Point never sees or stores your full card or bank number.
- When you save a card or bank account, you allow your gym to charge it for your membership as described when you signed up (for example, monthly on the same day) until your membership ends under the gym's rules.
- If a payment fails, we retry it and email you a link to update your details.
- Break Point receives a small part of each payment from the gym as its fee. It doesn't change the price you agreed to.
- Refunds and payment disputes ("chargebacks") are handled by the gym. If you think a charge is wrong, contact your gym first.
3. For gyms
Price and fees
- Break Point for Gyms is included with Break Point VIP. Card payments cost the gym 3.5% + 30¢ and bank payments 1.5% (up to $8). That includes Stripe's fees and Break Point's fee, and it comes out of each payment before it reaches your bank.
- We'll tell you by email at least 30 days before changing these.
What the gym is responsible for
- Your plans, prices, contracts, cancellation rules, waiver text, refunds, chargebacks and disputes with your members.
- Following the laws that apply to your gym, including automatic-renewal and cancellation laws, consumer protection, and laws about kids' information.
- Getting your members' permission before sending marketing emails or texts, and honoring opt-outs. Receipts, reminders and sign-in links are part of the service.
- Getting a parent's permission before adding a child under 13.
- Whether your waiver protects you. We provide the tool to sign it; we can't promise a waiver will hold up, so have yours checked for your state.
- Keeping staff sign-ins to people who work for you, removing people who leave, and keeping any check-in tablet in a safe place.
- Keeping your Stripe account in good standing and following Stripe's terms.
Ending your use
You can stop using Break Point for Gyms at any time. Before you go, download your members and payments (Settings → Your data). We keep your data for 90 days after you leave so you can come back or download it, then delete it (see Privacy).
4. The VIP Plus pilot
The first 10 gyms accepted into the pilot pay no monthly charge for Break Point for Gyms, ever, as long as the gym stays on Break Point VIP Plus. Card and bank processing fees (section 3) still apply. If a gym leaves VIP Plus, it can keep using the software at the standard price we offer then, or download its data and leave. Pilot spots are confirmed by Break Point in writing.
5. Your data
- Member data belongs to the gym. We store and use it only to run the service for the gym, as described in our Privacy page.
- We may use anonymous, combined numbers (like how many check-ins happen across all gyms) to improve the product. They never identify a gym or a person.
- You give us permission to show your gym's name and logo inside your own member app and emails.
- If you send us ideas or feedback, we can use them without owing you anything.
- The software, design and name Break Point for Gyms belong to Break Point.
6. Using the software
Don't misuse it. That means no:
- trying to get into other people's accounts or another gym's data
- attacking, overloading, copying or reverse-engineering the service
- using it for anything illegal, fraudulent, or to send spam
- uploading anything you don't have the right to use
- reselling it without our written OK
7. Suspending or ending an account
We may suspend or end access if a gym or member breaks these terms, puts other people or the service at risk, or if the law or Stripe requires it. Where we can, we'll tell you first and give you a chance to fix it. If we end a gym's account, the gym still gets 30 days to download its data. Sections 5, 8, 9, 10 and 11 still apply after an account ends.
8. No guarantees
Break Point for Gyms is new. We work hard to keep it running, accurate and secure, but it's provided "as is". We can't promise it will always be available, error-free, or right for your gym, and to the extent the law allows we don't make any other promises about it. Stripe, Cloudflare and our other providers have their own outages that we can't control.
9. Limits on liability
To the extent the law allows:
- Break Point isn't liable for indirect or follow-on losses, such as lost profits, lost members, lost data or damage to reputation.
- Break Point isn't liable for anything that happens at a gym, including injuries during training.
- Our total liability to a gym for all claims is limited to the greater of $500 or the fees Break Point received from that gym in the 12 months before the claim.
Some places don't allow some of these limits, so they may not all apply to you.
10. Gym's responsibility for claims
If someone makes a claim against Break Point because of how a gym runs its business, the gym will cover Break Point's reasonable costs, including legal fees. That includes claims from the gym's members or staff (like injuries, waiver disputes, refunds or chargebacks), the gym's emails or texts, the content the gym adds, and the gym breaking these terms or the law. We'll tell the gym promptly and work with it on the response.
11. Disagreements
If something goes wrong, email us first. We'll both try in good faith to sort it out within 30 days. If we can't, these terms are governed by the laws of California, and any lawsuit goes to the state or federal courts in Los Angeles County, California. Any claim must be brought within one year of when it arose.
12. Changes
We'll update these terms as the product grows and change the date at the top. For changes that matter to gyms (like fees, or what you're responsible for), we'll email gym owners at least 30 days before they take effect. Using the software after that means you accept the new terms.
13. Other things
- If part of these terms can't be enforced, the rest still applies.
- Not enforcing a part right away doesn't mean we've given it up.
- Neither of us is responsible for delays caused by things outside our control, like natural disasters, internet outages or provider failures.
- A gym can't transfer its account to someone else without our OK. We can transfer these terms if Break Point's business is sold or merged.
- These terms, the Privacy page and any written pilot confirmation are the whole agreement about the software.
14. Contact
Break Point · store@breakpointfc.com