Please read these Terms carefully. By creating an account, accepting these Terms in the product, or using the service, you agree to them. If you use the service for a business or organization, you represent that you can bind that organization.
1. The service
Modern Digital Group (“MDG,” “we,” “us,” or “our”) provides a browser-based workspace for fitness professionals to organize prospects, guided consultations, program presentations, follow-ups, and related business settings. Features may evolve, be added, removed, limited, or replaced as the service grows. We may use affiliates and qualified service providers to operate the service.
2. Accounts and authority
You must provide accurate information, safeguard your credentials, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and for configuring staff access appropriately. You may not share credentials with unauthorized people, circumvent access limits, or use another person’s account. We may suspend access to protect the service, investigate misuse, comply with law, or address unpaid amounts.
3. Customer content, data, and service improvement
As between you and MDG, you retain ownership of information, files, branding, prospect records, consultation entries, and other material you submit (“Customer Content”). You grant MDG and its service providers a worldwide, non-exclusive, royalty-free license to host, copy, transmit, format, back up, analyze, and otherwise process Customer Content as reasonably necessary to provide, secure, support, maintain, and improve the service; comply with law; prevent misuse; and develop related features.
We may create statistical, aggregated, or de-identified information that is not reasonably capable of identifying you or an individual. To the extent permitted by law, MDG may use and own those resulting analytics indefinitely for security, performance analysis, benchmarking, research, product development, and business planning. We do not claim ownership of identifiable Customer Content through this provision.
You represent that you have all rights, notices, permissions, and lawful bases needed to submit and use Customer Content, including sensitive wellness or health-related information. You remain responsible for your relationships with prospects and clients, your professional records, and any disclosures or consents required by law.
4. MDG materials
The service, its software, workflows, design, documentation, brands, and all related intellectual property—excluding Customer Content—belong to MDG and its licensors. Subject to these Terms, MDG gives you a limited, revocable, non-transferable right to use the service for your internal business purposes during your authorized access period. Feedback may be used without restriction or compensation.
5. Acceptable use
You may not use the service to violate law or another person’s rights; upload malicious code; probe or disrupt security; scrape or reverse engineer the service except where law expressly allows; resell access without written permission; send unlawful or deceptive communications; make discriminatory decisions; or store information you are not authorized to collect. The service must not be used for emergencies, diagnosis, treatment, or regulated clinical decision-making.
6. Plans, subscriptions, and trials
Paid features, renewal, cancellation, trials, taxes, and plan changes are governed by the Subscription Terms, which are part of these Terms. Plan descriptions shown at checkout control for the purchased term. Trials and promotional access may have additional stated limits and may be revoked for misuse.
7. Privacy, security, and retention
Our Privacy Policy explains how we handle personal information. We use reasonable administrative, technical, and organizational safeguards, but no online service is risk-free. You are responsible for secure devices, passwords, exports, and any systems you connect. We may retain information as described in the Privacy Policy, including backups, fraud-prevention records, billing records, and records required by law.
8. Fitness and health information
The service is an organizational and coaching-support tool, not a health care provider, medical device, emergency service, or substitute for professional medical advice. Coaching indicators are informational and are not diagnoses, clinical scores, or guarantees. Additional terms appear in the Health & Coaching Disclaimer.
9. Availability, changes, and termination
We work to keep the service available but do not guarantee uninterrupted or error-free operation. We may perform maintenance, change technical requirements, or discontinue features. You may stop using the service at any time and can delete your account from Account Settings, subject to required retention and backup cycles. We may terminate or suspend access for material breach, security risk, unlawful use, nonpayment, or discontinuation of the service. Provisions that by their nature should survive will survive termination.
10. Disclaimers and limits of liability
To the fullest extent permitted by law, the service is provided “as is” and “as available.” MDG disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that business, fitness, sales, or health outcomes will occur. MDG is not responsible for decisions made by trainers, prospects, or clients, or for third-party services.
To the fullest extent permitted by law, MDG will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business interruption. MDG’s aggregate liability arising from the service will not exceed the greater of $100 or the amount you paid MDG for the service during the 12 months before the event giving rise to the claim. These limits do not apply where prohibited by law.
11. Indemnity
To the extent permitted by law, you will defend and indemnify MDG and its personnel from third-party claims arising from your Customer Content, your services or advice, your violation of law or these Terms, or your infringement of another person’s rights.
12. General terms
These Terms and the incorporated policies are the entire agreement concerning the service. You may not assign them without our consent; MDG may assign them in connection with a merger, financing, reorganization, sale of assets, or transfer of the service. If a provision is unenforceable, the rest remains effective. Failure to enforce a provision is not a waiver. Michigan law governs these Terms without regard to conflict-of-law rules, and disputes must be brought in state or federal courts located in Michigan, unless applicable law requires otherwise.
We may update these Terms prospectively. If a change materially affects your rights, we will provide reasonable notice through the service or by email and may request renewed acceptance.
13. Contact
Questions about these Terms may be sent to support@moderndigitalgroup.com.