Terms of Service

1. Definitions

• “Service” or “Platform”: the OwnDesk SaaS solution available at owndesk.co, the iOS and Android mobile apps, and any *.owndesk.co subdomain.
• “OwnDesk” or “we”: a trademark operated by Fabien Barcelo, self-employed in Canada. Official contact: support@owndesk.co. Mailing address available upon legitimate request.
• “Owner”: a user who owns a gym or box, subscribes to the Service, and administers it.
• “Coach”: a user invited by an Owner with coaching permissions (scheduling, sessions, community).
• “Member”: an end user invited by an Owner who books sessions and makes payments through the Service.
• “User”: any person (Owner, Coach, Member) holding an account on the Service.

2. Acceptance and modification

By creating an account, inviting a coach, or booking a session, the User accepts these Terms and the privacy policy without reservation.

OwnDesk may modify the Terms at any time. Any substantial change is notified by email to Owners at least 30 days before it takes effect, and published with the new version on this page. Continued use of the Service after that date constitutes acceptance. The Owner may terminate at no cost if they refuse the changes.

3. Account and security

• The User warrants the accuracy of the information provided at registration.
• The User is responsible for the confidentiality of their password. Any action taken with their credentials is deemed to come from them.
• The User agrees to report any suspected compromise (lost password, unauthorized access) to support@owndesk.co as soon as possible.
• Accounts inactive for more than 24 months may be deleted after notification.

4. Acceptable use

The User agrees not to:

• publish or transmit illegal, hateful, harassing, or misleading content;
• attempt intrusion, mass scraping, or security circumvention;
• use the Service for fraudulent activities (diverted payment, identity theft);
• copy, reverse-engineer, or redistribute the source code, database, or algorithms of the Service;
• use unauthorized bots or query the API beyond established rate limits.

OwnDesk reserves the right to suspend or delete any account that does not comply with these rules, after reasonable notice when possible and without notice in case of emergency (fraud, security breach).

5. Payments and service fees

• Member payments are processed by Stripe Inc. (PCI-DSS Level 1 certified). OwnDesk does not store any card data.
• Funds are paid directly to the gym's Stripe Connect account (Owner). OwnDesk is not a fund custodian.
• OwnDesk is billed to the Owner as a recurring monthly subscription (billed every 4 weeks), at a rate that depends on the gym's active member tier. OwnDesk does not charge any commission on the transactions processed by the gym. Stripe fees on those transactions are borne by the gym (Connect account).
• The Owner is responsible for VAT, GST, or QST applicable to their own sales (plans, drop-ins). OwnDesk invoices its own fees pre- or post-tax according to the gym's tax residency.
• In the event of a refund to a Member, OwnDesk does not charge any fee on the original transaction nor on the refund.

6. Availability and support

OwnDesk targets an availability rate above 99.5% measured monthly, excluding scheduled maintenance windows. Major incidents are communicated on status.owndesk.co.

Support is provided by email at support@owndesk.co within 24 business hours (Monday to Friday, Montréal time zone).

7. Intellectual property

The source code, architecture, trademarks, logos, and any graphic element of the Platform remain the exclusive property of Fabien Barcelo (OwnDesk). The User receives only a non-exclusive, non-transferable right of use, limited to normal use of the Service.

Content produced by Users (announcements, photos, WODs, community posts) remains their property. The User grants OwnDesk a worldwide, non-exclusive, royalty-free license to host, display, and distribute this content within the framework of the Service only.

The User expressly undertakes, for the duration of their registration and for five (5) years following termination:

• not to disassemble, decompile, modify, or reverse engineer the Service or any software component thereof;
• not to develop, finance, or contribute, directly or indirectly, to a software product substantially similar to the Service and intended for the same market (gym management, CrossFit boxes, training studios);
• not to reproduce, translate, adapt, or exploit, in whole or in part, the source code, design, AI prompts, or distinctive elements of the Service;
• not to file any trademark, trade name, domain name, or other distinctive sign reproducing all or part of the denomination “OwnDesk” or presenting a likelihood of confusion with it;
• not to solicit, poach, or commercially approach customers, prospects, employees, or partners of OwnDesk of whom the User became aware through use of the Service.

Any manifest breach shall give rise to the payment of a minimum liquidated damages sum of TWENTY-FIVE THOUSAND CANADIAN DOLLARS (CAD $25,000) per observed breach, without prejudice to full compensation for actual damage, and without prejudice to any provisional or precautionary measure (injunction, seizure, penalty) that OwnDesk may seek before any competent court, without the need to post bond or demonstrate urgency. Source code, AI prompts, and product strategy expressly constitute Trade Secrets within the meaning of the U.S. Defend Trade Secrets Act (18 U.S.C. § 1836) and benefit from the corresponding cross-border protections.

8. Limitation of liability

To the fullest extent permitted by applicable law, OwnDesk's total liability to a User, all causes combined, is capped at the amount of service fees actually paid by that User in the twelve (12) months preceding the event giving rise to the claim.

OwnDesk shall not be held liable for:

• loss of business, revenue, or clientele of the Owner;
• indirect, incidental, special, or consequential damages (data loss, loss of commercial opportunity, image damage);
• disputes between Owner and Member (coaching quality, injury during a session, pricing dispute) — these relationships are governed by the gym's own contract with its member. OwnDesk provides the tool but does not intervene in the commercial relationship;
• failures of third-party providers (Stripe, Supabase, Resend, Vercel) outside OwnDesk's reasonable control.

9. Indemnification

The Owner agrees to indemnify OwnDesk from any claim, lawsuit, damages, or fees (including reasonable attorney fees) resulting from:

• use of the Service by the Owner or their Coaches or Members in violation of these Terms;
• the Owner's failure to meet their own legal obligations (VAT, coach labor law, physical safety of in-gym sessions, verification of liability waivers);
• content published by the Owner or their users (announcements, community posts) violating the rights of a third party.

10. Force majeure

Neither party shall be held liable for a failure to meet its obligations resulting from a force majeure event within the meaning of article 1470 of the Civil Code of Quebec (natural disasters, armed conflicts, pandemic, generalized internet failure, decision of a public authority). The affected party notifies the other as soon as possible.

11. Termination

By the Owner: at any time from the admin panel or by email to support@owndesk.co. No notice period, no penalty. Service fees already collected are not refundable (they correspond to transactions already processed).

By OwnDesk: with a 30-day email notice for convenience. Without notice in case of serious violation (fraud, abuse, non-payment, breach of Platform security), with immediate notification of the cause.

Consequences: gym data remains accessible for 30 days for export. Beyond that, it is permanently deleted. Stripe subscriptions in progress continue to be charged according to the gym's own contract with its members until they end.

12. Personal data

The processing of personal data is governed by the privacy policy, compliant with GDPR (EU) and Quebec Law 25.

13. Assignment

The User may not assign their rights under these Terms without OwnDesk's written consent. OwnDesk may assign the contract as part of a merger, acquisition, or transfer of assets, subject to a 30-day prior notice.

14. Governing law and jurisdiction

These Terms are governed by the law of Quebec (Canada) and applicable Canadian federal laws. Any dispute will be brought before the competent courts of the judicial district of Montréal, subject to the mandatory consumer protection provisions in the User's jurisdiction.

15. Contact

For any questions regarding these Terms: support@owndesk.co.