D. MARTIN FITNESS, LLC

Terms of Use

Last Updated: August 25, 2026

These Terms of Use (“Terms”) govern your access to and use of the software, website, and services of D. Martin Fitness, LLC (“Company,” “we,” “us”), whether accessed at https://www.dmartinfitness.com, http://dmartinfitness.trainerize.com, or via mobile device or social media properties (collectively, the “Product”). The Company is a Florida limited liability company with a registered address at 7901 4th St N, STE 300, St. Petersburg, FL 33702. Contact: [email protected].

1. Acceptance of Terms

By accessing or using the Product, you (“User,” “You”) represent that: (a) you are at least 18 years of age; (b) you have read and agree to be bound by these Terms; and (c) you have read and agree to our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, do not use the Product. If you are acting on behalf of a company or entity, you represent that you have authority to bind that entity.

2. Amendments

We may amend these Terms at any time. For material changes, we will provide at least thirty (30) days’ written notice to the email address on file, describing: the new or amended terms; how the prior terms read; the effective date; and your options to accept or terminate. Non-material changes may be made without prior notice. Your continued use of the Product after the effective date of any amendment constitutes acceptance. The date of the most recent revision appears at the top of these Terms. We will post the most current Terms on the Product at all times. It is your responsibility to review the Terms periodically.

3. Payment Terms

Payment is due upon delivery of an electronic invoice from the Company. Invoices not paid within three (3) days of delivery may accrue interest at the maximum rate permitted by Florida law, calculated daily from the date payment becomes overdue. You may be required to provide valid debit or credit card information through the Product. The Company is not liable for payment failures caused by insufficient funds, incorrect payment information, expired cards, or circumstances beyond our control (including power outages, service interruptions, or bank fraud protection actions). All fees are exclusive of applicable taxes, which are your sole responsibility.

4. Termination

These Terms are effective from your first access of the Product and continue until terminated. You may terminate by notifying us at [email protected]. Services and applicable fees continue through the end of your current subscription term after notice. We may terminate your access immediately for: (a) breach of these Terms; (b) failure to pay fees; (c) required by law; (d) misuse of the Product; or (e) if provision of the Product is no longer commercially viable. Upon termination, your license to use the Product is immediately revoked and your account data will be retained for fourteen (14) days, after which it may be deleted in accordance with Section 10. Accounts inactive for thirty (30) or more consecutive days may be designated inactive and permanently closed upon written notice. You remain liable for all fees accrued prior to termination.

5. Use of the Product

Registration is required to use the Product. You are responsible for maintaining the confidentiality of your account credentials. You agree that all registration information provided will be accurate and kept up to date. You will not share your account with others or create accounts on behalf of competitors of the Company.

Permitted Uses: You may use the Product only for lawful purposes consistent with these Terms and all applicable local, national, and international laws and regulations.

Prohibited Uses: You may not use the Product to:

•     Violate any applicable law or regulation;

•     Harass, defame, threaten, or harm any person or entity;

•     Upload or transmit malware, viruses, or harmful code;

•     Attempt unauthorized access to any system or account;

•     Reproduce, sell, or redistribute any portion of the Product;

•     Impersonate any person or entity;

•     Post abusive, obscene, fraudulent, or illegal content;

•     Harm or attempt to harm minors in any way;

•     Use automated tools (scrapers, bots, scripts) to access the Product;

•     Frame, mirror, or deep-link to the Product without prior written consent.

Violations of these prohibitions may result in immediate account termination.

6. Privacy

Your use of the Product is subject to our Privacy Policy, which is incorporated into these Terms by reference and available at https://www.dmartinfitness.com/privacy-policy. The Privacy Policy governs our collection, use, disclosure, and retention of your personal information.

7. Third-Party Links

The Product may contain links to third-party websites or resources for your convenience. We do not endorse, control, or accept responsibility for any third-party content, products, or services. Your use of third-party resources is at your own risk and subject to the applicable third-party terms and policies. You agree to hold us harmless from any claims arising from your use of third-party websites or services.

8. Intellectual Property

We own all right, title, and interest in the Product and all associated content, software, branding, and intellectual property (“Product Content”). You may not decompile, reverse engineer, disassemble, or create derivative works from the Product. You may not reproduce, publish, or distribute any Product Content without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Product solely in accordance with these Terms. This license is conditioned on payment of applicable fees and terminates automatically upon breach of these Terms or termination of your account.

Any feedback or suggestions you provide to us may be used by us for any purpose without compensation or obligation to you.

User Data: You retain ownership of content and data you upload to the Product (“User Data”). You grant us a limited license to process and transmit your User Data as necessary to provide the Product. We do not claim ownership of your User Data. You may request a copy of your User Data within fourteen (14) days of termination. After that period, your User Data will be deleted in accordance with Section 10.

9. Disclaimers

THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU USE THE PRODUCT AT YOUR OWN RISK.

The Product may be temporarily unavailable for maintenance or other reasons. We accept no responsibility for errors, delays, interruptions, unauthorized access to your communications, or loss or corruption of data resulting from your use of the Product.

10. Data Retention

Your data is stored while your account is active and for fourteen (14) days after termination, during which time you may request a copy of your User Data. After that period, your data will be deleted from active systems within a reasonable period. We maintain periodic system backups for disaster recovery purposes only. These backups are retained for up to ninety (90) days and are not accessible to users. We will not restore individual user data from backups unless required by law or determined necessary at our sole discretion for operational continuity.

11. Refund Policy

Consistent with Florida law (Fla. Stat. § 501.017), you may cancel your membership within three (3) business days, excluding weekends and legal holidays, of the date this Agreement is entered into, by delivering written notice to the Company at [email protected]. Upon timely cancellation, you are entitled to a refund of all fees paid, less a prorated amount calculated by dividing the total membership price by the number of days in the agreement term and multiplying by the number of complete days that have passed, and less any non-refundable payment processing fees. Refunds will be issued within thirty (30) days of receipt of written cancellation notice.

You may cancel your membership if: (a) the Company goes out of business or materially fails to provide agreed-upon services (refund within 30 days); or (b) you die or become physically unable to use a substantial portion of the services (prorated refund based on remaining term, subject to documentation as required by Florida law). The Company may request proof of disability or death from a licensed physician or relevant documentation before processing such a refund.

The Florida Department of Agriculture & Consumer Services may be contacted within sixty (60) days if the Company goes out of business.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (D) INTERRUPTIONS OR CESSATION OF THE PRODUCT; OR (E) ANY OTHER MATTER RELATING TO THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE THIRTY (30) DAYS PRECEDING THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, shareholders, employees, agents, and representatives from and against any and all claims, damages, judgments, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or attributable to: (a) your breach of these Terms; (b) your access to or use of the Product; (c) any loss, damage, or injury caused by your use of the Product; or (d) your infringement of any third-party intellectual property rights. You are solely responsible for all activities that occur under your account.

14. Dispute Resolution

The parties agree to attempt to resolve disputes through good-faith negotiation for at least thirty (30) days before initiating formal proceedings. Unresolved disputes shall be submitted to binding arbitration in Palm Beach County, Florida, in accordance with Section 17 of the Coaching Agreement (if applicable) or as otherwise mutually agreed. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Venue for any non-arbitrable dispute is Palm Beach County, Florida.

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY.

15. Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, government actions, power failures, server failures, third-party service interruptions, labor disputes, riots, war, or legislative changes.

16. General Provisions

Severability: If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions remain in full force and effect.

Waiver: Our failure to enforce any right or remedy under these Terms shall not constitute a waiver of that right or remedy. All waivers must be in writing and signed by an authorized representative of the Company.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms to any successor in interest at any time.

Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between the parties regarding the Product and supersede all prior agreements. In the event of conflict between these Terms and the Privacy Policy, these Terms shall prevail.

Notices: Required notices to us must be sent to [email protected]. We may provide notices to you at the email address you have registered with us.

Age Requirement: The Product is intended for users who are 18 years of age or older. We do not knowingly collect information from persons under 18. If we become aware that a user under 18 has registered, we will terminate that account promptly.

17. Contact Us

D. Martin Fitness, LLC

Email: [email protected]

Mail: 7901 4th St N, STE 300, St. Petersburg, FL 33702