Version 2026-09-14-draft-1
BATTERSOPS — TERMS OF SERVICE (DRAFT — REQUIRES ATTORNEY REVIEW)
Effective date: to be set on release. Version: 2026-09-14-draft-1.
These Terms of Service (the "Terms") form a legally binding agreement between
you (the "Customer") and BattersOps CRM, a DickSoft product (together with its
affiliates, "BattersOps," "we," "us," or "our"), and govern your access to and
use of the BattersOps software-as-a-service platform, including the web
application at battersops.dsio.io and each gym subdomain, the mobile applications,
the kiosk applications, and any related APIs, documentation, features, or
services we make available (together, the "Service").
BY CREATING AN ACCOUNT, CLICKING "I ACCEPT," ACCESSING OR USING THE SERVICE,
OR AUTHORIZING SOMEONE TO DO SO ON YOUR BEHALF, YOU AGREE TO THESE TERMS. IF
YOU DO NOT AGREE, DO NOT USE THE SERVICE.
1. WHO YOU ARE.
1.1 If you sign up on behalf of a gym or business (a "Gym"), you represent
that you have the authority to bind that Gym and every person to whom
that Gym provides Service access, including its owners, staff, and
members (each an "Authorized User").
1.2 If you are an Authorized User given access by a Gym, you agree to these
Terms with respect to your own use of the Service. The Gym is
responsible for your use of the Service under its account.
1.3 You must be at least 18 years old, or, if under 18, use the Service
only under a parent or guardian's account and supervision.
2. YOUR ACCOUNT AND CREDENTIALS.
2.1 You are responsible for maintaining the security of your login
credentials and for every action taken with them. Notify us at
support@battersops.dsio.io promptly if you believe your account has been
compromised.
2.2 One login per person. You must not share your username, password,
API token, kiosk token, or any other authentication material with
any other person, and you must not use another person's credentials.
Two-factor mechanisms and biometric unlocks, where available, are
required to remain enabled on any device used for Service access.
2.3 We may suspend or terminate credentials that appear compromised or
used in violation of these Terms, without prior notice, to protect
the Service or its users.
3. USE OF THE SERVICE.
3.1 We grant you a limited, non-exclusive, non-transferable, revocable
right to access and use the Service during your subscription for your
ordinary internal business operations (or, for a member, for your own
ordinary use of your Gym's membership).
3.2 Your use is subject to our Acceptable Use Policy (the "AUP"), which
is incorporated into these Terms by reference and available at
battersops.dsio.io/acceptable-use. The AUP describes conduct that is
prohibited under these Terms, including but not limited to:
(a) reverse engineering, decompilation, disassembly, or any attempt
to derive source code, algorithms, or trade secrets from the
Service, except to the minimum extent expressly permitted by
applicable law that cannot be waived by contract;
(b) any unauthorized automated collection, extraction, indexing,
scraping, harvesting, cloning, mirroring, or bulk download of
data, screens, or documentation from the Service, whether by
script, bot, headless browser, or otherwise;
(c) using the Service or any data or documentation obtained through
it to build, train, benchmark, or evaluate a competing product
or service, or to assist any third party in doing so;
(d) sharing, transferring, sublicensing, reselling, renting, leasing,
or otherwise making the Service available to any person other
than an Authorized User of the Gym that holds the subscription;
(e) accessing the Service through any interface other than the ones
we publish (web, mobile, kiosk, published APIs), or exceeding
documented rate limits, or misusing any published API key,
token, or webhook secret;
(f) copying, redistributing, or otherwise reproducing any of our
proprietary documentation, help content, screenshots, templates,
training material, or user-interface designs;
(g) accessing, using, disclosing, or benchmarking any beta,
preview, dark-launch, or otherwise non-generally-available
feature (a "Beta Feature") in violation of Section 8; or
(h) interfering with or circumventing any security, access-control,
metering, rate-limiting, or audit mechanism of the Service.
3.3 You will comply with all laws applicable to your use of the Service,
including data-protection, biometric-privacy, and anti-spam laws
applicable in the jurisdictions where your Gym or your members are
located.
4. INTELLECTUAL PROPERTY.
4.1 The Service, all software and firmware behind it, all APIs, all
documentation, help content, templates, screenshots, screen designs,
and every derivative of them are owned by us and our licensors and
are protected by intellectual-property and other laws. No rights are
granted to you other than those expressly stated in these Terms.
4.2 "Customer Data" means the content, data, and information that you or
your Authorized Users submit to the Service (for example, member
records, class schedules, e-signed documents, payment tokens,
biometric templates you cause to be collected). As between you and
us, you own your Customer Data. You grant us a worldwide,
non-exclusive, royalty-free license to host, process, transmit,
display, and back up Customer Data solely to provide the Service and
to perform our obligations under these Terms.
4.3 Feedback you send us about the Service may be used by us for any
purpose without obligation to you, provided we do not identify you as
the source without your permission.
5. FEES, PAYMENTS, AND TAXES.
5.1 You will pay the fees for your subscription plan and any add-ons at
the rates on your order or on the pricing page you signed up under.
5.2 Fees are billed in advance and are non-refundable except where these
Terms or applicable law expressly require a refund. Payment
processing is handled by Authorize.net and, where enabled, Stripe;
you authorize us and our payment processors to charge the payment
method you provide for all fees you owe.
5.3 You are responsible for all taxes associated with your subscription,
other than taxes on our net income.
5.4 We may change fees on renewal by notifying you at least 30 days
before the change takes effect.
6. DATA, PRIVACY, AND SECURITY.
6.1 Our processing of personal information is described in our Privacy
Policy at battersops.dsio.io/privacy, which is incorporated by reference.
6.2 You are the controller of the personal information you cause the
Service to process about your members and staff. You are responsible
for obtaining every consent, notice, and lawful basis required to
process that personal information (including biometric templates for
face check-in) in your and your members' jurisdictions.
6.3 We implement commercially reasonable administrative, physical, and
technical safeguards designed to protect Customer Data. No system is
impenetrable; we do not guarantee the Service or Customer Data
against every unauthorized access.
7. SUSPENSION AND TERMINATION.
7.1 We may suspend or terminate all or part of your access to the
Service, with or without notice, if we reasonably believe you have
breached these Terms (including the AUP), if payment is past due, if
your use poses a security or legal risk, or if we are required to
do so by law or by our payment processors.
7.2 You may terminate by cancelling your subscription in the Service or
by writing to support@battersops.dsio.io. Termination does not entitle you
to a refund of paid fees except as required by law.
7.3 Upon termination, your right to use the Service ends. You may export
your Customer Data for 30 days after termination using the tools we
provide; after that, we may delete it.
8. BETA FEATURES AND CONFIDENTIALITY.
8.1 We may make Beta Features available to you from time to time. Beta
Features are provided "AS IS," may be changed or withdrawn at any
time, and may not have the same reliability, availability, or
support as generally available features.
8.2 The existence, functionality, performance, and any documentation of
a Beta Feature that is not publicly announced is our Confidential
Information. You will not disclose it to any third party, will not
publish screenshots or benchmarks of it, and will use it only to
evaluate the Beta Feature for your own use.
8.3 On our request or on withdrawal of the Beta Feature, you will stop
using it and delete any related Confidential Information in your
possession.
9. WARRANTY DISCLAIMER.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR
SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES; ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR
GOODWILL; OR ANY LIABILITY EXCEEDING THE FEES PAID BY YOU TO US
FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING
RISE TO THE LIABILITY.
10.2 The limitations in Section 10.1 apply regardless of the theory of
liability and even if a remedy fails of its essential purpose. Some
jurisdictions do not allow the limitation of liability for certain
damages, so parts of Section 10.1 may not apply to you.
11. INDEMNIFICATION.
You will defend, indemnify, and hold harmless us, our affiliates, and
our and their officers, employees, and agents from and against every
claim, damage, loss, liability, and expense (including reasonable
attorneys' fees) arising out of or related to (a) your breach of these
Terms or the AUP; (b) Customer Data you cause the Service to process,
including any claim that it violates a third party's rights or the law;
and (c) your or your Authorized Users' use of the Service in violation
of the law.
12. GOVERNING LAW; DISPUTES.
These Terms are governed by the laws of the State of New Jersey,
without regard to its conflict-of-laws rules. Any dispute arising from
or relating to these Terms or the Service will be resolved exclusively
by the state or federal courts located in Newark, New Jersey, and each
party consents to the personal jurisdiction of those courts. The
parties waive any right to a jury trial in any such dispute.
13. CHANGES TO THESE TERMS.
We may update these Terms from time to time. When we do, we will post
the new version at battersops.dsio.io/terms and update the version identifier
on this document. Material changes take effect 30 days after we post
them, or when you first accept them (for example, by clicking "I
accept" on a re-acceptance screen), whichever is sooner. Your continued
use of the Service after the effective date is your acceptance of the
updated Terms.
14. MISCELLANEOUS.
14.1 These Terms, together with the Privacy Policy and the AUP, are
the entire agreement between you and us about the Service and
supersede every prior or contemporaneous understanding.
14.2 If any provision of these Terms is held to be unenforceable, that
provision will be modified to the minimum extent necessary to make
it enforceable, and the remaining provisions will remain in
effect.
14.3 A failure to enforce any provision is not a waiver of any right
under these Terms.
14.4 You may not assign these Terms without our prior written consent.
We may assign these Terms to any successor to our business or
assets. Any assignment in violation of this Section is void.
14.5 Notices to us must be sent to support@battersops.dsio.io. Notices to you
may be sent to the email on your account and are effective when
sent.
Contact: support@battersops.dsio.io
DMCA / copyright complaints: dmca@battersops.dsio.io
Abuse / security reports: abuse@battersops.dsio.io
END OF TERMS.
Related: Privacy Policy · Acceptable Use Policy