Last updated: 2026-07-30
These Terms of Service ("Terms") govern your access to and use of the Mithly platform, including our website, web application, mobile applications, and payment processing services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms.
You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to keep it up to date.
Mithly provides gym management software, including member management, billing, class scheduling, attendance tracking, digital waivers, and integrated payment processing. We may add, modify, or remove features at any time. Text messaging is governed by Section 6 (Text Messaging) below.
The Service is billed as a flat monthly subscription per location, as published on our website. Usage-based services (such as text messaging) are billed at the rates shown in the Service. Subscriptions renew automatically until canceled. Fees are non-refundable except where required by law.
Payment processing is provided through our partner, Finix. By using payment processing through Mithly, you agree to Finix's merchant terms and to the fees published on our Fee Schedule. You are responsible for chargebacks, refunds, and disputes related to your transactions, and you authorize Mithly and Finix to debit your settlement account for any fees, refunds, or chargebacks owed.
Mithly sends text messages to members of gyms that use the Mithly platform. Depending on what you have opted in to, messages may include account and booking notifications, class and trial reminders, billing and payment alerts, membership updates, and, where you have separately opted in, marketing or promotional messages from your gym.
You opt in by checking the optional SMS consent checkbox when providing your mobile phone number, for example when signing up at a gym, using a check-in kiosk, or submitting a form on a gym's website. Agreeing to receive text messages is optional and is not a condition of membership, sign-up, or of purchasing any goods or services. If you do not opt in, you will receive account notices by email instead.
Message frequency varies based on your activity and your gym's settings, and you may receive recurring messages. Message and data rates may apply according to your mobile carrier plan. Mobile carriers are not liable for delayed or undelivered messages.
Reply STOP to any message to opt out at any time; you will receive a single confirmation message, after which no further messages will be sent unless you opt back in. Reply HELP for assistance, or contact us at support@mithly.app.
Messages may include links to member pages hosted on our domain, such as https://yourgym.mithly.app/quickpay/AB12cd34. A live example is available at https://mithly.app/sample/link. We never use link shorteners from shared public domains.
Your mobile information is handled as described in our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes, and text messaging originator opt-in data and consent are never shared with any third party.
You retain ownership of all data and content you upload to the Service ("Customer Data"). You grant Mithly a limited license to host, process, and display Customer Data solely as necessary to operate and improve the Service. You are responsible for ensuring you have the rights to all Customer Data you submit and that it complies with applicable law.
You agree not to:
The Service, including all software, design, and content provided by Mithly, is owned by Mithly and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.
You may cancel your account at any time. We may suspend or terminate your access to the Service if you breach these Terms, fail to pay fees owed, or engage in conduct that we determine in good faith is harmful to Mithly, our users, or third parties. Upon termination, your right to use the Service ceases immediately. We will make Customer Data available for export for a reasonable period before deletion.
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Mithly does not warrant that the Service will be uninterrupted, error-free, or secure.
To the maximum extent permitted by law, Mithly's total liability for any claim arising out of or related to these Terms or the Service will not exceed the amount you paid Mithly in the 12 months preceding the event giving rise to the claim. Mithly will not be liable for any indirect, incidental, consequential, or punitive damages.
You agree to indemnify and hold Mithly harmless from any claims, damages, or expenses arising out of your use of the Service, your Customer Data, your violation of these Terms, or your violation of any rights of a third party.
We may update these Terms from time to time. If we make material changes, we will notify you by email or in-product notice before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms will be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.
Questions about these Terms? Contact us at support@mithly.app.
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