Terms of Service
This page is a draft prepared as a starting point and does not constitute legal advice. It must be reviewed by a qualified lawyer before it is published or treated as binding on any customer. Do not rely on this document as-is to enforce a real subscription agreement.
Last updated: [date]
These Terms of Service ("Terms") govern the subscription license for the Agon fitness studio management software ("Agon", "the Software") between [Your Company / Legal Entity Name] ("we", "us", "the Licensor") and the studio or organization subscribing to use it ("you", "the Studio Manager", "the Customer").
By purchasing a subscription, installing, or using Agon, you agree to these Terms. If you do not agree, do not use the Software.
This page covers the agreement between you (the studio) and Agon (the software vendor) for your subscription. It is not the same document as the client-facing privacy policy and waivers your studio presents to its own clients inside the app — for that, see the GDPR guide.
1. What you are getting
Agon is self-hosted software: you install it on your own computer, and your studio's and clients' data stays in a local database on your machine. We do not host your data and do not have access to it.
A subscription grants you a limited, non-exclusive, non-transferable license to install and run the Software on your own hardware for as long as your subscription remains active, in accordance with these Terms.
Agon is proprietary, closed-source software. The source code is not publicly available, and you may not decompile, reverse-engineer, redistribute, sublicense, resell, or create derivative works from the Software, except to the extent such restriction is prohibited by applicable law.
2. Support — what to expect
Agon is a small, independently-run project. Support is self-serve, provided through:
- The documentation site you are reading now
- The AI assistant built into the desktop application (see How to set up the AI Assistant)
- A community forum
There is no dedicated support line, no account manager, and no guaranteed response time or Service Level Agreement (SLA). We aim to keep the Software working well and to fix real problems, but we do not commit to a specific turnaround time for any request.
If something is broken, use the channels above. Critical issues affecting many customers are prioritized on a best-effort basis.
3. Subscription, billing, and payment
- Access to the Software beyond any trial period requires an active, paid subscription.
- Subscription fees are billed in advance on a recurring basis (the interval and price are shown at checkout) and are processed by our payment provider.
- Prices are the same for every customer on a given plan — there are no hidden enterprise tiers or individually negotiated discounts.
- We may change subscription prices for future billing periods with reasonable advance notice. Continuing to use the Software after a price change takes effect constitutes acceptance of the new price.
- Failure to pay a renewal may result in your subscription lapsing, subject to Section 5.
4. Cancellation
You may cancel your subscription at any time. Cancellation stops future billing but does not entitle you to a refund of amounts already paid for the current billing period, except where required by applicable consumer protection law.
We reserve the right to suspend or terminate a subscription for non-payment, abuse of the Software, or violation of these Terms, subject to reasonable notice where practical.
5. What happens if your subscription lapses
Your studio's data is never held hostage. If your subscription lapses or is cancelled:
- The Software becomes read-only for functionality that requires a valid subscription — it does not delete your data.
- You retain full access to export your own data (see the GDPR guide) whether or not your subscription is active.
- Reactivating your subscription restores full functionality without any need to re-import your data.
6. Data and privacy
- All studio and client data created through your use of Agon is stored locally, in a database on hardware you control. We do not store, host, or have routine access to that data.
- The centralized parts of the service (license verification, and if enabled, the AI Assistant) are described in the GDPR guide and, for the AI Assistant specifically, in How to set up the AI Assistant. Review both before enabling any optional feature that sends data outside your own machine.
- You act as the data controller for your clients' personal data processed through Agon; we act, at most, as a limited data processor for the specific centralized functions described above. You are responsible for complying with data protection law (such as GDPR) that applies to your studio.
7. Disclaimer of warranties
The Software is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent such disclaimers are not permitted by applicable law.
We do not warrant that the Software will be uninterrupted, error-free, or fully secure, or that it will meet every requirement of your specific business.
8. Limitation of liability
To the maximum extent permitted by applicable law, [Your Company / Legal Entity Name] shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising out of or related to your use of, or inability to use, the Software — even if advised of the possibility of such damages.
To the extent any liability cannot be excluded, our total aggregate liability arising out of or related to these Terms or the Software shall not exceed the amount you paid us for the subscription in the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited or excluded under applicable law (for example, liability for gross negligence, willful misconduct, or death or personal injury, where applicable).
9. Third-party services
Agon integrates with optional third-party services that you configure and control, such as Stripe (payments), cloud backup providers, and — if you enable it — a third-party AI provider for the AI Assistant. Your use of those services is governed by their own terms, and we are not responsible for their availability, accuracy, or acts or omissions.
10. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will make reasonable efforts to notify active subscribers (for example, via the application or by email) before the changes take effect. Continued use of the Software after the effective date of an update constitutes acceptance of the revised Terms.
11. Governing law
These Terms are governed by the laws of [Jurisdiction], without regard to its conflict-of-laws principles. [Add dispute resolution / venue clause after legal review.]
12. Contact
Questions about these Terms can be sent to [contact email].