1. Agreement to these terms
These Terms of Service are an agreement between you and Caleb Castro, operating StayRetained (“StayRetained,” “we,” “us,” or “our”). By creating an account or using the service, you agree to these terms and our Privacy Policy. If you do not agree, do not use StayRetained.
2. Eligibility and account responsibilities
You must be legally able to enter into this agreement and use the service for lawful business purposes. You are responsible for providing accurate account information, protecting your login credentials, and all activity under your account. Tell us promptly if you suspect unauthorized use. Accounts may not be shared in a way that bypasses plan or access restrictions.
3. The service
StayRetained is a software service for personal trainers and small gym owners to record client details and attendance, identify attendance patterns that may indicate disengagement, and prepare personalized check-in messages. Features may evolve over time. StayRetained does not provide legal, medical, financial, or professional client-management advice.
4. Free trial and subscription
Current pricing, billing frequency, and any trial terms are shown clearly before purchase and at Checkout. After any applicable trial, continued access to paid dashboard features requires a recurring subscription. Stripe processes billing, and the payment terms presented during Checkout also apply.
By subscribing, you authorize recurring charges to the payment method associated with your subscription based on the plan you select at Checkout. We may suspend paid access if a payment fails or a subscription is inactive.
We may change pricing in the future. When required, we will give existing subscribers appropriate advance notice of material pricing changes. Existing subscribers will not be silently charged a materially different amount without appropriate notice or consent.
5. Cancellation
You may manage or cancel your subscription through the billing or subscription interface available in StayRetained. The timing and effective date of cancellation are governed by the information shown in that interface.
6. No guaranteed retention results
At-risk indicators and check-in messages are organizational aids based on information entered into the service. They do not predict or guarantee client retention, revenue, attendance, or any other business result. You remain responsible for your professional judgment, client relationships, communications, and business decisions.
7. Client data and your responsibilities
You retain responsibility for client names, goals, attendance records, and other content you enter. You represent that you have the rights, authority, permission, and lawful basis needed to collect, use, and provide that information to StayRetained. You must respond appropriately to client privacy requests and must not enter information that is unnecessary, unlawful, or excessively sensitive.
You retain ownership of your content. You grant us a limited right to host, process, copy, and display it only as needed to provide, secure, maintain, and support the service.
8. Acceptable use
You may not:
- Use StayRetained for unlawful, fraudulent, harassing, or harmful activity.
- Access or attempt to access another user’s account or data.
- Probe, disrupt, overload, reverse engineer, or bypass the service’s security or access controls, except where law expressly permits.
- Upload malicious code or use automated methods that unreasonably burden the service.
- Use the service to store payment card details, passwords, government identifiers, medical records, or other information the product does not request.
- Resell or sublicense the service without our written permission.
9. Intellectual property
StayRetained and its software, design, branding, and service content—excluding user-entered content—are owned by us or our licensors and are protected by applicable intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable right to use the service while your account is authorized under these terms.
10. Availability and changes
We aim to keep StayRetained reliable, but the service may occasionally be unavailable for maintenance, security work, provider outages, or circumstances outside our control. We may modify or discontinue features. When a material change significantly affects paid use, we will provide notice when reasonably practical or required by law.
11. Disclaimers
To the maximum extent permitted by law, StayRetained is provided “as is” and “as available.” We disclaim implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation, permanent preservation of data, or particular client-retention or business outcomes. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.
12. Limitation of liability
To the maximum extent permitted by law, StayRetained and its operator will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, or data arising from the service. Our total liability for claims relating to the service will not exceed the fees you paid to StayRetained during the 12 months before the event giving rise to the claim. These limits do not apply where liability cannot legally be limited.
13. Termination
You may stop using the service at any time and may cancel billing through the billing portal. We may suspend or terminate access if you materially violate these terms, create a security risk, fail to pay applicable fees, or use the service unlawfully. Where reasonable, we will provide notice and an opportunity to correct the issue. Sections that by their nature should survive termination will continue to apply.
14. Changes to these terms
We may update these terms to reflect changes to the service, law, or business practices. We will post revised terms with a new effective date and provide additional notice when required. If you do not agree to revised terms, you must stop using the service and cancel your subscription.
15. Governing law
These terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules, except where applicable consumer law requires otherwise.
16. Contact
Questions about these terms can be sent to support@stayretained.co. StayRetained is operated by Caleb Castro.