Master SaaS Terms
Contents
Commercial contract. These Master SaaS Terms are the primary B2B terms between Premier TEK LLC d/b/a RetterTEK ("RetterTEK", "we", "us", "our") and the fitness business / franchise / club purchasing JAMr FIT ("Customer", "you"). A signed Order Form incorporating these Terms (and applicable addenda) constitutes the customer contract.
This document is not merely a consumer website Terms of Use.
These Master SaaS Terms ("Terms") govern Customer's use of the JAMr FIT platform ("Service"), a software platform owned and operated by Premier TEK LLC d/b/a RetterTEK. By executing an Order Form that incorporates these Terms, or by creating an account or using the Service where applicable, Customer agrees to these Terms.
1. Service Description
JAMr FIT is a multi-tenant CRM and communication platform designed for fitness businesses. The Service provides tools for member management, email and SMS communications, workflow automation, scheduling, and related business operations.
2. Account Responsibilities
You are responsible for:
- Maintaining the security of your account credentials
- All activity that occurs under your account
- Ensuring that all users you invite to your organization comply with these Terms
- The accuracy and legality of data you store on the platform
- Maintaining appropriate backups of your business data
3. Acceptable Use
You agree to use the Service in compliance with all applicable laws and regulations. You must not:
- Send unsolicited messages (spam) or messages to contacts who have not provided consent
- Misclassify marketing communications as transactional messages to circumvent opt-out requests or regulatory requirements
- Use the platform to send content that is illegal, harmful, threatening, abusive, or otherwise objectionable
- Attempt to gain unauthorized access to other accounts or systems
- Use the Service in any way that could damage, disable, or impair the platform
- Resell or redistribute access to the Service without authorization
- Store payment card numbers, bank account numbers, Social Security numbers, or government-issued identification numbers on the platform
Healthcare Data Disclaimer: The Service is not HIPAA-compliant and is not intended for the storage or transmission of protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act. You agree not to store PHI on the platform.
See also the Acceptable Use Policy, which is incorporated by reference when attached to an Order Form.
4. Messaging Compliance
You are solely responsible for complying with all applicable messaging laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any state or local laws governing electronic communications.
- Obtaining proper consent from recipients before sending SMS or email communications
- Accurately categorizing messages as transactional or marketing in accordance with applicable law
- Honoring opt-out requests promptly
- Including required disclosures in marketing communications
- Maintaining records of consent as required by law
JAMr FIT provides tools to help you manage consent and compliance (opt-in tracking, opt-out handling, message categorization), but the responsibility for proper use of these tools rests entirely with you. See the Messaging Terms.
5. Data Ownership and Processing
You retain ownership of all data you store on the platform ("Customer Data"). RetterTEK acts as a data processor on your behalf. We process Customer Data only as necessary to provide the Service and as directed by you.
You are the data controller and are responsible for ensuring that your collection, storage, and use of personal data through the platform complies with applicable data protection laws, including obtaining necessary consents from your members. Where applicable, the Data Processing Addendum applies.
6. Support Access
JAMr FIT support staff do not have access to your business data (member records, messages, workflows, etc.) by default. You may grant or revoke support access at any time from your Settings page. When support access is enabled:
- Our support team may view your account data for the purpose of troubleshooting and technical assistance
- All support access is logged in an audit trail visible to you
- You can revoke access at any time, and it will take effect immediately
Granting support access does not transfer data ownership or control to RetterTEK.
7. Intellectual Property
RetterTEK retains all rights to the platform, its code, design, features, and documentation. You retain all rights to your Customer Data. These Terms do not grant either party any rights to the other party's intellectual property except as expressly stated.
8. Limitation of Liability
To the maximum extent permitted by law, RetterTEK shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to:
- Claims arising from messages you send through the platform
- Regulatory fines or penalties resulting from your messaging practices
- Loss of data, revenue, or business opportunities
- Errors or interruptions in the Service
Our total liability for any claims arising under these Terms shall not exceed the fees you paid to RetterTEK for the Service in the twelve (12) months preceding the claim.
9. Indemnification
You agree to indemnify and hold harmless RetterTEK, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Any claims by third parties related to communications you send through the platform
- Any claims related to your collection, storage, or use of personal data through the platform
10. Termination
Either party may terminate this agreement as permitted in the applicable Order Form and these Terms. Upon termination, your access to the Service will be disabled. We will retain your data for a reasonable period to allow you to export it, after which it will be deleted in accordance with our Privacy Policy and Data Deletion policy.
We may suspend or terminate your account immediately if we believe you are violating these Terms or applicable law.
11. Changes to These Terms
We may update these Terms from time to time for new customers and for public disclosure. A Customer's signed Order Form remains associated with the exact legal document versions recorded at signing unless an amendment, renewal mechanism, or other method approved by counsel applies. User acknowledgements inside the application do not automatically amend a signed customer contract.
12. Governing Law
13. Contact
For questions about these Terms, contact us at [email protected].
See Legal Notices for entity information.