PilatesNote Terms of Service
By creating an account or using the PilatesNote app (the "Service"), you ("you," "the trainer") agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.
1. What PilatesNote is
PilatesNote is a tool for pilates and movement instructors to organize their own practice: tracking clients, scheduling sessions, planning workouts, and keeping coaching notes. PilatesNote is a record-keeping and organization tool. It is not a healthcare service, not a medical record system, and not a provider of medical, health, or professional advice.
You decide what information to put into the Service and how to run your practice. We simply store and display the information you choose to enter.
2. Eligibility and accounts
- You must be at least 18 years old and able to form a binding contract.
- You agree to provide accurate account information and to keep it current.
- You are responsible for your account and for keeping your login secure. You are responsible for all activity under your account.
- One person per account unless we agree otherwise in writing.
3. Your client information and your responsibilities (important)
You may enter information about your clients, including their names, contact details, goals, and your own coaching notes. Because that information is about other people, you agree that:
- You have the right and permission to store it. You confirm that you have obtained any consent from your clients that the law requires for you to collect and store their information in the Service, and that you will keep that consent current.
- You own the client relationship, we do not. As between you and PilatesNote, you are responsible for your clients, your communications with them, and the information you record about them. You act as the party that decides what to collect and why; PilatesNote acts only as the tool that stores it on your instruction.
- You will keep it appropriate. You agree not to use the Service to store medical records, clinical diagnoses, treatment plans, or other sensitive health information. The Service is for movement, coaching, and scheduling notes, not for medical documentation.
- You are responsible for what you enter. You are solely responsible for the accuracy, content, and lawfulness of everything you put into the Service.
If a client of yours raises a question or claim about how their information is handled, that is between you and your client. See the indemnification section below.
4. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
- Enter information you are not authorized to collect or store.
- Use the Service as a system of record for medical, clinical, or other regulated health data.
- Upload anything harmful, infringing, harassing, or that violates another person's rights.
- Attempt to access other users' accounts or data, probe or breach security, or interfere with the Service.
- Reverse engineer, copy, resell, or build a competing product from the Service, except where the law expressly permits.
We may suspend or terminate accounts that violate these rules.
5. The Service is not medical advice
PilatesNote does not provide medical, physical-therapy, diagnostic, or other professional advice, and the Service is not a medical device. Any suggestions, prompts, templates, or content in the app are for general organizational and coaching convenience only. You are solely responsible for your professional judgment, your training decisions, and the safety of your clients. You should advise your clients to consult a qualified healthcare professional for any medical concern.
6. Privacy
Our handling of your information is described in our Privacy Policy at pilatesnote.com/privacy, which is part of these Terms. Please read it.
7. Your content and our rights
- You keep ownership of your content. The clients, notes, plans, and other information you enter remain yours.
- You grant us a limited license to operate the Service. You grant PilatesNote a non-exclusive, worldwide license to host, store, process, and display your content solely to provide and improve the Service for you. We do not sell your content.
- We own the Service. The app, software, design, branding, and content we provide are owned by PilatesNote and protected by intellectual-property laws. We grant you a limited, revocable, non-transferable license to use the Service under these Terms.
8. Fees
The Service is currently offered free of charge. We may introduce paid plans or features in the future. If we do, we will give notice and you can choose whether to continue with any paid feature. We are not obligated to provide the Service for free indefinitely.
9. Termination and data deletion
- You may stop using the Service and delete your account at any time from within the app.
- Deleting your account deletes your account and the data associated with it, subject to reasonable backup retention and any retention the law requires.
- We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. We will make reasonable efforts to notify you.
10. Disclaimers (the Service is provided "as is")
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL NEVER BE LOST. YOU USE THE SERVICE AT YOUR OWN RISK.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PILATESNOTE AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless PilatesNote and its owners, employees, and suppliers from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) the information you enter into the Service, including information about your clients; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party, including your clients.
13. Governing law and dispute resolution
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules.
Informal resolution first. If a dispute arises, you agree to contact us first and try to resolve it informally for at least 30 days.
Arbitration. If we cannot resolve it, any dispute will be settled by binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court, except that either party may bring a claim in small-claims court.
Class-action waiver. Disputes will be handled on an individual basis only. You and PilatesNote waive any right to participate in a class or representative action.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide notice (for example, in the app or by email). Continuing to use the Service after changes take effect means you accept the updated Terms.
15. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and PilatesNote about the Service.
- Severability. If any part is found unenforceable, the rest stays in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
16. Contact
Questions about these Terms: support@pilatesnote.com