Terms of Service

These Terms of Service ("Terms") govern access to and use of the Untapped website, marketing properties, studio onboarding flows, admin tools, APIs, and related services (collectively, the "Service") operated by Untapped ("Untapped," "we," "us," or "our").

By accessing or using the Service, creating an account, or completing checkout, you agree to these Terms. If you use the Service on behalf of a studio or other business, you represent that you have authority to bind that organization.

If you do not agree, do not use the Service.

Untapped provides software for fitness and wellness studios to publish last-minute class inventory on a branded booking experience, configure listing rules, and process bookings through integrations with member management software (MMS) such as Mindbody and Mariana Tek.

We may update features, integrations, and availability over time. Beta or preview features may be offered as-is and may change or be discontinued.

You are responsible for maintaining accurate account information, safeguarding credentials, and all activity under your account.

You grant Untapped the rights reasonably necessary to host, process, transmit, and display studio data you submit (including schedules, branding, listing rules, and member booking activity) solely to operate and improve the Service.

You retain ownership of your studio data. You represent that you have the rights to provide such data and that its use through the Service does not violate law or third-party rights.

Paid plans, where applicable, are billed according to the pricing shown at signup or in your admin billing settings. Fees are charged to the studio or business - not to end members booking classes through your Untapped page.

Subscriptions renew automatically until canceled. Taxes may apply where required by law.

Except where required by law or expressly stated in a separate written agreement, fees are non-refundable. Failure to pay may result in suspension or termination of access.

You agree not to:

• Use the Service for unlawful, fraudulent, or abusive purposes
• Attempt to gain unauthorized access to systems, accounts, or data
• Interfere with or disrupt the Service, including excessive automated requests
• Reverse engineer or copy the Service except as permitted by law
• Misrepresent your identity, studio, or inventory
• Upload malware or content that infringes intellectual property or privacy rights

The Service may connect to MMS providers, payment processors, email providers, analytics, and other third parties. Your use of those services is subject to their terms and policies.

Untapped is not responsible for outages, errors, or policy changes by third-party providers, though we work to maintain reliable integrations.

Untapped and its licensors own the Service, including software, design, trademarks, and documentation. These Terms do not grant you ownership of our intellectual property.

You may not use Untapped branding except as provided in the Service or with our prior written consent.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNTAPPED DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, error-free, or that it will fill any particular number of class spots or revenue outcomes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNTAPPED AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO UNTAPPED FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

You will defend, indemnify, and hold harmless Untapped from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your studio data, your booking page, or your violation of these Terms or applicable law.

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms, fail to pay fees, or if continued operation poses risk to the Service or others.

Upon termination, your right to use the Service ends. Provisions that by nature should survive (including fees owed, disclaimers, limitations of liability, and indemnity) will survive.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, except where mandatory consumer protections in your jurisdiction apply.

Disputes will be resolved in the state or federal courts located in Delaware, unless otherwise required by law. You consent to personal jurisdiction in those courts.

We may update these Terms from time to time. We will post the updated version on this page and update the "Last updated" date. Material changes may also be communicated through the Service or by email where appropriate.

Continued use after changes become effective constitutes acceptance of the revised Terms.

Questions about these Terms: enterprise@fillyourspots.com.