PushPress, Inc. Grow Terms and Conditions of Use
Thank you for your interest in PushPress Grow! You are taking a huge step towards growing your gym or studio.
Below are our Terms and Conditions of Use. Please read them carefully as they contain some very important information regarding your rights and obligations. We tried to make it as clear and concise as possible because let’s face it, no one actually wants to read these (our lawyers made us include it!). If you have questions about any of the terms, please let us know and we can help clear up any confusion.
Sincerely,
The PushPress Team
General Terms
Introduction
This Agreement applies to any use of and access to our Software Service, Add-on Products (including Sites, Grow, and Branded App), Website or Apps (collectively , “Services”) by you and your Affiliates. By accessing or using the Services (or enabling an Affiliate to access or use the Services), you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing any Services. The materials contained in this website are protected by applicable copyright and trademark law.
Privacy Policy
Our Privacy Policy explains how we collect and use information that is submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
Changes to the Agreement
PushPress, Inc. may revise these terms of this Agreement at any time without notice. By using the Services you are agreeing to be bound by the current version of these Terms and Conditions of Use.
Services
CRM: Definition of Service
PushPress, Inc. agrees to provide Customer with access to a customized GoHighLevel sub-account. The PushPress Grow service consists of customized content, triggers, and workflows within the sub-account developed by PushPress, Inc. which can been updated with the Customer’s verbiage/voice, information, and contact list. PushPress, Inc. grants Customer a limited, non-exclusive, non-transferable license to use their Grow service and GHL sub-account during the term of this Agreement for the sole purpose of marketing/sales efforts and account management for clients of the Customer’s business. Customer retains ownership of their customer contact list only after the term of this Agreement. Customer may not use the service for any other purpose.
Websites: Definition of Service
PushPress, Inc. agrees to provide Customer with access to a customized website for their fitness business. The PushPress Sites service consists of customized content, support, and hosting. PushPress, Inc. grants Customer a limited, non-exclusive, non-transferable license to use the Sites service and resulting website during the term of this Agreement for the sole purpose of marketing of the Customer’s business. Customer may not use the service for any other purpose.
Template
PushPress, Inc. agrees to provide Customer with a website template using a preset design and style (the “Template” and the “Service”). The template will be modified and customized to fit the Customer’s brand (within the limitations of the template). This includes but is not limited to: the logo, colors, font choices, images provided by Customer, copy edits, and integration with class schedules and lead pages. PushPress, Inc. grants Customer a limited, non-exclusive, non-transferable license to use the Template during the term of this Agreement for the sole purpose of marketing and providing information via website regarding Customer’s business. Customer may not use the Template for any other purpose.
Initial Configuration
Upon initial sign-up, PushPress, Inc. will deliver the website template to Customer within seven (7) business days for initial review. Once the customer has received the template, they will have fourteen (14) business days to submit requested edits and changes. Upon completion of the fourteen (14) day period, all site edits will be subject to the monthly limit (three (3) hours per month included with monthly subscription). If a customer requires additional edits exceeding the three (3) hours per month, additional fees will apply.
Passwords
Customer will be provided with a password for administrator access (limited to: creating and editing blog posts, coach information, and member testimonials) which may be used by Customer or any person authorized by Customer with a need to know. PushPress, Inc. shall not be responsible for any damage or loss of Customer resulting from unauthorized access.
Template Modification
Any unauthorized modification of the Template shall be a material breach of this Agreement.
Hosting and DNS
PushPress shall provide Customer with website hosting services for use of their website consistent with the quality standard in the industry. In order for you to use our Website Services, you must utilize our Domain Name Service (DNS) servers. You are responsible for paying and registering your domain name. Instructions can be found here.
Changes to Services
We reserve the right to suspend any Services (a) during planned downtime, (b) in connection with a Force Majeure event, or (c) if we believe any malicious software is being used in connection with your account. In addition, we reserve the right to change, suspend or discontinue any features or functions of the Services at any time.
Fees and Payments
Subscriptions and Fees
Information regarding subscriptions and pricing can be found here.
The one-time set up fee is nonrefundable.
Payment Errors
If you believe a payment has been processed in error, you must provide written notice to PushPress, Inc. within sixty (60) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by PushPress, Inc. within such sixty (60) day period, the payment will be deemed final.
Term, Termination, and Suspension
Term
Unless otherwise specified, the term of this Agreement will be month to month (“Subscription Term”). The Subscription Term commences on the Effective Date and will automatically renew on a monthly basis until either Party terminates in accordance with this Agreement. Either Party may terminate the Agreement and/or any subscription at any time, for any reason or no reason, by providing notice to the other Party at least thirty (30) days before the end of the relevant Subscription Term. For example, if you would like to cancel on June 30 you will need to provide written notice of cancellation by May 30. To cancel your Grow subscription, please initiate your cancellation request via the control panel Intercom chat.
Right to Terminate or Suspend Services
We may suspend or terminate your access to and use of the Services (or any portion thereof) at any time without notice if we believe (a) that any activity or use of Services in connection with your account violates this Agreement, the intellectual property rights of a third party or applicable laws or is otherwise disruptive or harmful to PushPress, Inc. or any third party or (b) that we are required to do so by law.
Warranties and Disclaimers
Accuracy of Your Account Information
You agree to provide PushPress, Inc. with complete and accurate account information, including your legal company name, street address, e-mail address, bank account, and such other information as may be requested by PushPress, Inc. (collectively, “Account Information”). You are responsible for this accuracy and timely updating of Account Information and you agree to promptly notify PushPress, Inc. in writing if any Account Information changes. PushPress, Inc. is not responsible for any loss or damages caused, either directly or indirectly, by inaccurate Account Information.
Disclaimer
The materials on the PushPress, Inc. website are provided “as is”. PushPress, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PushPress, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall PushPress, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the PushPress, Inc. website, even if PushPress, Inc. or a PushPress, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on the PushPress, Inc. website could include technical, typographical, or photographic errors. PushPress, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. PushPress, Inc. may make changes to the materials contained on its website at any time without notice. PushPress, Inc. does not, however, make any commitment to update the materials.
Updated August 25, 2021