Terms of Service

Last updated: May 11, 2025

These Terms of Service (“Terms”) govern your access to and use of the Crunch Fitness Utilities application (the “Service”), a progressive-web application provided by Gambit Dev, LLC (“Gambit Dev,” “we,” “us,” or “our”) on behalf of our client, Crunch Fitness (“Crunch,” “our client”). By accessing or using the Service, you (“you,” “your,” or “User”) agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

Service

• The Crunch Fitness Utilities progressive-web application, including all features such as Shift-Report Management, AI-Powered Staff Assistant, Inventory Tracking & Order Management, Cash-Drawer Reconciliation, PWA Performance Layer, and any updates, enhancements, or modifications thereto.

User Content

• Any text, data, information, graphics, or other content you submit or generate through the Service (e.g., shift reports, inventory entries, cash reconciliations)

Account

• The user account you create to access and use the Service, managed by an email address and password or other authentication mechanism.

2. Acceptance of Terms

By creating an Account, downloading, installing, or using the Service, you confirm that you have read, understood, and agree to these Terms and any policies referenced herein. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Eligibility

You must be at least 18 years old and an authorized staff member, trainer, or manager of a Crunch Fitness club in Upstate New York to use the Service. By registering for an Account, you represent and warrant that you meet these eligibility requirements.

4. Account Registration and Security

Account Information

• You agree to provide accurate, current, and complete information during registration and to keep your Account information up-to-date.

Credentials

• You are responsible for maintaining the confidentiality of your password or any authentication method and for all activities that occur under your Account.

Notification

• You must notify us immediately of any unauthorized use of your Account or any other breach of security.

5. License and Restrictions

License Grant

• Subject to your compliance with these Terms, Gambit Dev grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business operations within Crunch Fitness.

Restrictions

• You shall not, and shall not permit any third party to:
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Modify, adapt, translate, or create derivative works of the Service.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Service available to any third party.
• Remove any proprietary notices or labels on the Service.
• Use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material.
• Use the Service to store or transmit malicious code, including viruses, worms, or Trojan horses.

6. User Content

Ownership

• You retain ownership of all User Content you submit, upload, or generate through the Service.
• License to Gambit Dev and Crunch
• You grant Gambit Dev and Crunch a worldwide, non-exclusive, royalty-free, transferable license to use, copy, modify, distribute, and display your User Content solely as necessary to provide and improve the Service.

Responsibility

• You are solely responsible for your User Content and the consequences of submitting or publishing it.

7. Privacy

Your use of the Service is subject to our Privacy Policy (the “Privacy Policy”), which explains how we collect, use, and disclose information about you. By using the Service, you agree to the Privacy Policy.

8. Third-Party Services

The Service may integrate or interoperate with third-party tools or services (e.g., email providers for reconciliation reports). Your use of any third-party service is governed by the terms of that service.

9. Disclaimers; No Warranty

THE SERVICE IS 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, OR NON-INFRINGEMENT. GAMBIT DEV AND CRUNCH DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAMBIT DEV AND CRUNCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

11. Indemnification

You agree to indemnify, defend, and hold harmless Gambit Dev, Crunch, and their respective 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:

• Your access to or use of the Service;
• Your User Content;
• Your violation of these Terms.

12. Term and Termination

These Terms remain in effect while you use the Service.

Terms:

• You may stop using the Service at any time.
• Termination by Gambit Dev or Crunch
• We may suspend or terminate your Account and access to the Service at our discretion, with or without cause, and without notice. Sections 5–7 and 9–14 survive any termination.

13. Changes to the Service and Terms

We reserve the right to modify or discontinue the Service at any time, with or without notice. We may also amend these Terms from time to time. When we make material changes, we will provide notice via the Service or email. Your continued use of the Service after changes take effect constitutes your acceptance of the new Terms.

14. Governing Law and Venue

These Terms and any disputes arising out of or related hereto shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Albany County, New York], and you hereby consent to personal jurisdiction and venue therein.

15. Contact Information

• If you have any questions about these Terms, please contact us at:
• https://www.gambit.dev/

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.