Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Profit Catalyst App and related websites, content, and services (together, the "Service"). The Service is operated by Dave Dunham ("Profit Catalyst," "we," "us," or "our"). By creating an account, purchasing a plan, or using the Service, you agree to these Terms. If you use the Service on behalf of a business, you represent that you have authority to bind that business, and "you" includes that business.

1. The Service

Profit Catalyst is a software platform for fitness business owners. It provides revenue play templates, campaign generation, analytics, AI-assisted content tools, and CRM integrations. We may add, change, or remove features at any time. We will not materially reduce the core functionality of a paid plan during your paid term without notice.

2. Accounts

You must provide accurate information when you register and keep it current. You are responsible for all activity under your account and for keeping your login credentials secure. You must be at least 18 years old to use the Service. Notify us at [email protected] immediately if you suspect unauthorized use of your account.

3. Plans, Billing, and Renewal

• Pro (Annual): $497 per year, billed annually. Your plan renews automatically each year unless you cancel before the renewal date from your account billing page.
• Lifetime and Lifetime + Strategy: a single one-time payment ($997 and $1,597 respectively) for access to the Service for as long as we operate it, with no renewal charges.

Prices are in US dollars and may change for future purchases and renewals; we will give you at least 30 days notice before a renewal price increase. Payments are processed by Fluid Pay. Card data is tokenized by the processor and never stored on our servers. You authorize us to charge your payment method for the plan you select and any applicable taxes.

4. Refunds

All sales are final. See our Refund Policy for full details, including how the 20x Revenue Guarantee works. The guarantee is a service commitment (we keep working with you until you hit the mark) rather than a promise of money back.

5. Your Content and Data

You retain ownership of the data you upload to the Service, including member lists, contact information, and business data ("Customer Data"). You grant us a limited license to host, process, and display Customer Data solely to provide the Service. You are responsible for having the legal right to upload Customer Data, including any consents required to contact the people in your lists.

6. Generated Content

The Service generates marketing content (emails, texts, captions, ads) based on your inputs. You own the generated content you export and use for your business. You are responsible for reviewing generated content before sending it and for its compliance with applicable law, including the TCPA, CAN-SPAM Act, and any local marketing regulations.

7. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. We may suspend or terminate accounts that violate it.

8. Third-Party Services

The Service integrates with third-party platforms such as GoHighLevel, Salesforce, and Zapier. Your use of those platforms is governed by their own terms. We are responsible for our Service only, and we make no warranty about third-party platforms.

9. Intellectual Property

We own the Service, including the software, play templates, the STRX Engine, the Play Guardrail System, and all related branding. We grant you a limited, non-exclusive, non-transferable license to use the Service for your own business during your plan term. You may resell, sublicense, copy, or redistribute the Service or its templates only with our prior written permission.

10. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Revenue figures on our marketing pages reflect results from specific customers; your results depend on your business, your market, and your execution, and we do not guarantee any specific financial outcome except as stated in the 20x Revenue Guarantee service commitment.

11. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data. Our total liability for any claim arising out of the Service is limited to the amount you paid us in the 12 months before the claim arose.

12. Termination

You may stop using the Service and cancel your plan at any time. We may suspend or terminate your access if you materially breach these Terms and do not cure the breach within 14 days of notice, or immediately for violations of the Acceptable Use Policy. On termination, your right to use the Service ends. We will make your Customer Data available for export for 30 days after termination, then we may delete it.

13. Changes to These Terms

We may update these Terms from time to time. If a change is material, we will notify you by email or in-app notice at least 14 days before it takes effect. Continued use of the Service after the effective date constitutes acceptance.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict of law rules. Any dispute will be resolved in the state or federal courts located in Florida, and you consent to their jurisdiction.

15. Contact

Questions about these Terms: email us at [email protected].