Legal

This End-User License Agreement (“EULA”) is a legal agreement between you (“you”, “Licensee”) and the operator of Change & Fly Sessions(“Licensor”, “we”, “us”) for use of the Change & Fly Sessions software application, including related websites, APIs, and documentation (collectively, the “Software”).

By accessing or using the Software, connecting third-party services (including QuickBooks Online), or clicking to accept, you agree to this EULA. If you do not agree, do not use the Software.

Subject to this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Software for your internal business operations related to personal training session scheduling, client communication, package tracking, and invoicing.

You may not:

• copy, modify, distribute, sell, lease, or sublicense the Software except as expressly allowed;
• reverse engineer, decompile, or attempt to extract source code except to the extent such restriction is prohibited by law;
• use the Software to violate any law or third-party rights;
• interfere with or disrupt the Software or its integrations;
• share your admin credentials or allow unauthorised access.

You are responsible for maintaining the confidentiality of login credentials, API tokens, and OAuth connections, and for all activity under your account. Notify us promptly of any unauthorised use.

The Software may integrate with third-party services such as Apple Calendar, Square, Intuit QuickBooks Online, Meta WhatsApp Business Platform, hosting providers, and AI providers. Your use of those services is subject to their terms. We are not responsible for third-party outages, policy changes, fees, or data handling outside our control.

When you authorise QuickBooks Online access, you instruct us to access and process accounting-related data solely to provide the invoicing and customer-mapping features you enable.

You retain rights to your business data. You grant us a limited right to host, process, and transmit that data as needed to operate the Software and its integrations. You represent that you have all rights and consents required to upload and process client personal information in the Software.

You agree not to use the Software to:

• send unlawful, deceptive, or unsolicited communications;
• store or transmit malware or harmful code;
• attempt to access other customers’ data or systems;
• use integrations in a way that violates provider policies (including WhatsApp or Intuit policies).

The Software, including its design, code, and branding, is owned by Licensor or its licensors and is protected by intellectual property laws. Except for the license in Section 2, no rights are granted.

THE SOFTWARE 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. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT INVOICES, REMINDERS, OR SYNCS WILL ALWAYS SUCCEED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SOFTWARE OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THE SOFTWARE OR THIS EULA WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SOFTWARE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (OR AUD $100 IF YOU HAVE PAID NOTHING).

Nothing in this EULA excludes liability that cannot be excluded under applicable law (including non-excludable consumer guarantees).

You will indemnify and hold harmless Licensor from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Software, your client data, your messaging/invoicing practices, or your breach of this EULA or third-party terms.

We may suspend or terminate access if you breach this EULA, if required by law, or if continued operation poses risk. You may stop using the Software at any time and disconnect third-party integrations. Sections that by nature should survive (including intellectual property, disclaimers, limitations, and indemnity) will survive termination.

We may update this EULA from time to time. Material changes will be indicated by updating the “Last updated” date. Continued use after changes become effective constitutes acceptance where permitted by law.

This EULA is governed by the laws of Queensland, Australia, without regard to conflict-of-law rules. Courts in Queensland have exclusive jurisdiction, except where mandatory local law provides otherwise.

For questions about this EULA, contact the App operator at the business email associated with your Change & Fly account, or the contact address published on your public website.