Terms of Use

Agreement to These Terms

These Terms of Use form an agreement between you and Enoch Marketing, referred to as "Enoch," "we," "us," or "our." They apply when you visit our websites, submit a form, apply for the Gym Recon private beta, or access a website, dashboard, beta workspace, recommendation, report, or related service that links to these Terms.

By using a covered service or selecting an application button presented beside a notice that links to these Terms, you agree to conduct the transaction electronically and to be bound by these Terms and our Privacy Policy. If you do not agree, do not submit the application or use the covered service. You may save or print a copy for your records.

If a signed proposal, order form, statement of work, beta agreement, data-processing agreement, or other written agreement applies to a specific service, that agreement controls if it directly conflicts with these Terms.

Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a contract. If you use a service for a gym, company, or other organization, you represent that you have authority to accept these Terms for that organization. In that case, "you" includes both you and the organization.

Website and Services

Enoch provides marketing information, resources, consultation and scheduling tools, application forms, and software-related services. Gym Recon is designed as a revenue-action layer that can help a gym identify signals, review supporting information, prioritize work, assign an owner, and document outcomes.

Website descriptions, demonstrations, sample dashboards, and fictional sample data explain intended workflows. They are not a promise that every feature, integration, recommendation, or result will be available to every user at all times. Access may depend on beta capacity, connected data, provider permissions, technical feasibility, and a separate onboarding process.

Any future paid plan, subscription, renewal, trial, refund, or cancellation terms will be presented in a separate order or checkout agreement before a charge is made. Applying for the current private beta does not create an automatic paid subscription and does not authorize us to charge a payment method.

Gym Recon Private Beta

Application and access

Private-beta applications are reviewed individually. Submitting an application does not guarantee approval, a particular start date, continued access, compatibility with your current software, or access to every workflow. We may limit the number of participants or prioritize applicants based on fit, available capacity, data readiness, and testing needs.

Pre-release service

Gym Recon private-beta features are pre-release and may be incomplete, inaccurate, unavailable, or changed without notice. Interfaces, recommendations, integrations, data requirements, retention periods, and availability may change as testing progresses. We may pause or discontinue part or all of the beta.

Testing relationship

Approved testers may be asked to compare findings with their records, add business context, approve or reject recommendations, assign work, document outcomes, and share feedback. Unless we agree otherwise in writing, private-beta access is provided without a software access fee during the stated testing period.

Do not send member records, payment information, health information, or other sensitive gym data through the public application form. We will confirm the approved connection method, access boundaries, records used, retention approach, and deletion process before requesting operational data.

Your Data and Permissions

You retain ownership of business information, records, content, and feedback files that you lawfully provide, referred to as "Your Data." You grant Enoch a limited, non-exclusive license to host, copy, process, display, and analyze Your Data only as reasonably necessary to provide, secure, support, and improve the service, comply with law, and enforce these Terms.

You represent that you have the rights, notices, permissions, and lawful basis needed to provide Your Data and allow the processing described in these Terms and our Privacy Policy. You are responsible for the accuracy and legality of Your Data and for maintaining appropriate source-system records and backups.

Unless we expressly approve it in writing through a secure onboarding process, do not provide payment-card numbers, bank credentials, government identification numbers, medical records, protected health information, precise biometric data, passwords, or data belonging to people you are not authorized to represent.

You must protect account credentials and promptly tell us if you believe an account, link, export, or connected source has been accessed without authorization. We may request additional verification before changing access or processing a data request.

Acceptable Use

You may not use our websites or services to:

• Violate a law, regulation, court order, contract, privacy right, intellectual-property right, or the rights of another person.
• Access, collect, disclose, or use data without authorization.
• Send unlawful, deceptive, harassing, discriminatory, or unsolicited communications.
• Upload malicious code, disrupt service availability, bypass access controls, probe security without written authorization, or interfere with another user.
• Reverse engineer, copy, resell, sublicense, scrape, frame, or create a competing service from protected portions of Gym Recon, except where applicable law does not allow that restriction.
• Misrepresent an identity, affiliation, result, evidence source, or business outcome.
• Use recommendations as a substitute for required professional advice or human review.

Recommendations and Business Decisions

Gym Recon may use rules, calculations, statistical methods, or artificial-intelligence-assisted features to organize information and suggest priorities. Recommendations may be affected by missing, delayed, estimated, incomplete, or incorrect source data. They may not reflect facts known only to your team.

You remain responsible for checking the evidence, deciding whether to act, choosing the recipient and timing of any communication, complying with applicable employment, privacy, marketing, consumer-protection, and communications laws, and documenting the actual outcome. Enoch does not provide legal, tax, accounting, financial, medical, employment, or investment advice.

We do not guarantee recovered revenue, retained members, advertising performance, lead volume, software compatibility, or any other business result. Examples, scenarios, estimates, projections, confidence levels, and fictional sample data are illustrative and are not guarantees.

Third-Party Services and Integrations

Our services may link to or work with third-party products such as Wodify, Mindbody, PushPress, Google Business Profile, Cal.com, Formspree, Google, Meta, email providers, hosting providers, and file-export tools. Third-party services are governed by their own agreements and privacy practices.

We do not control and are not responsible for a third party's availability, security, accuracy, terms, changes, data handling, or conduct. A reference to a provider or an available connection path does not mean the provider sponsors, endorses, or guarantees Gym Recon. We may change or discontinue a connection if provider access, permissions, terms, or technical conditions change.

Intellectual Property, Feedback, and Reviews

Enoch and its licensors own Gym Recon, the Enoch Marketing websites, software, designs, reports, documentation, branding, source code, workflows, and other materials we create, except for Your Data and third-party materials. These Terms grant only the limited right to use a service as authorized. They do not transfer ownership.

If you voluntarily provide product ideas, testing notes, suggestions, or other feedback, you grant Enoch a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use and incorporate that feedback without payment or attribution. This license does not give us ownership of Your Data or the right to publicly identify you as a customer without permission.

Nothing in these Terms prevents you from sharing an honest review or truthful account of your experience. We do not impose a penalty for a negative review or require you to transfer ownership of review content. You may not disclose another person's private information, non-public security details, trade secrets, or information that is unlawful, defamatory, infringing, or subject to a separate valid confidentiality obligation.

Privacy and Communications

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. A separate onboarding or data-processing agreement may apply before operational gym records are connected.

When you apply, we may send communications needed to process the application, review fit, arrange onboarding, provide support, and administer the beta. If you agree to receive product or marketing updates, those messages will include the choices required by applicable law. You may unsubscribe from marketing emails without affecting essential application, security, or service messages.

Suspension and Termination

You may stop using the service at any time. You may request deletion or return of eligible information as described in the Privacy Policy or a separate onboarding agreement.

We may suspend or terminate access if you violate these Terms, create a security or legal risk, fail to cooperate with required verification, misuse data, threaten the service or another person, or if we pause or end the beta. When practical, we will provide notice and a reasonable opportunity to export eligible information, unless law, security, or the rights of others require immediate action.

Provisions that by their nature should continue after termination will survive, including intellectual property, feedback rights, disclaimers, limitations of liability, dispute terms, and obligations relating to prior use.

Disclaimers

To the fullest extent permitted by law, the websites, private-beta services, recommendations, reports, and related materials are provided "as is" and "as available." Enoch disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and any warranties arising from course of dealing or usage of trade.

We do not promise uninterrupted or error-free operation, that defects will be corrected, that information will always be current or complete, or that the service will meet every requirement. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, Enoch and its owners, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost opportunities, lost goodwill, business interruption, or loss or corruption of data, arising from or related to a covered service.

To the fullest extent permitted by law, the total aggregate liability of Enoch for all claims arising from or related to the free private beta or these Terms will not exceed the greater of 100 U.S. dollars or the amount you paid Enoch for the specific service giving rise to the claim during the 12 months before the event that created liability.

These limitations do not apply to liability that cannot lawfully be excluded or limited. Your rights under applicable consumer-protection law remain in effect.

Indemnification

To the extent permitted by law, if you use a service for a business or organization, you agree to defend and indemnify Enoch and its owners, employees, contractors, and affiliates from third-party claims, damages, losses, and reasonable legal costs arising from Your Data, your unlawful communications or instructions, your misuse of the service, or your material breach of these Terms. This obligation does not apply to the extent a claim results from Enoch's own unlawful conduct or negligence.

Governing Law and Disputes

Before filing a formal claim, you and Enoch agree to make a good-faith effort to resolve the issue by sending a written description of the problem and requested resolution to the contact information below. Either party may seek urgent relief when needed to protect security, confidentiality, intellectual property, or legal rights.

Except where applicable law requires otherwise, these Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Any court proceeding must be brought in a state or federal court with jurisdiction serving Collin County, Texas, and each party consents to that location and jurisdiction.

Nothing in this section removes a right or remedy that cannot lawfully be waived. These Terms do not require private arbitration and do not prevent an eligible claim from being brought in small-claims court.

Changes to These Terms

We may update these Terms when our services, beta program, or legal obligations change. The date at the top shows the latest revision. Material changes will be posted on this page and, when appropriate, communicated through the service or by email. Changes apply prospectively from the stated effective date.

Miscellaneous

If part of these Terms is found unenforceable, the remaining provisions will continue to apply, and the affected provision will be enforced to the maximum lawful extent. A failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our written consent. We may assign these Terms as part of a merger, reorganization, financing, sale of assets, or transfer of the relevant service.

Headings are provided for readability and do not limit the meaning of a provision. These Terms, the Privacy Policy, and any applicable written service agreement form the entire agreement for the matters they cover.

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