Terms of Service

Effective date: Version 1.0, effective on the date this version is first posted on tailorloom.com

These Terms of Service (the "Terms") form a binding agreement between the customer accepting them ("Customer," "you," or "your") and TailorLoom Intelligence LLC, a Texas limited liability company ("TailorLoom," "we," "us," or "our").

You accept these Terms by checking the unchecked box, presented when you create an account and again when you upgrade to a paid plan, stating that you agree to these Terms and acknowledge the Privacy Policy. If you do not agree, do not create an account or use the Services. If you use the Services for an organization, you represent that you have authority to bind that organization, and "Customer" means that organization.

1. Eligibility and account authority

You must be legally able to enter into a binding contract and at least 18 years old. The Services are intended for businesses and professional users, not for personal, family, or household use. You must provide accurate account information, keep credentials secure, and promptly notify us of suspected unauthorized access.

You are responsible for activity under your account and for ensuring that each person you authorize to use the Services complies with these Terms.

2. The Services

TailorLoom provides a self-service software service that helps fitness, wellness, recreation, and other membership-based businesses examine customer engagement, guest conversion, retention, and basic revenue context. At launch, Customers provide data by uploading supported files, including comma-separated value ("CSV") files. TailorLoom may later offer optional connections to third-party booking, membership, payment, or other business systems.

The Services may include a free Membership Health Check, paid subscription features, summaries, alerts, downloadable information, and other functionality described on our website or in the application. The exact features available depend on the Customer's plan and the product functionality then available.

TailorLoom may improve, add, remove, or modify functionality. If a change materially reduces core paid functionality during a current billing period, TailorLoom will provide the notice and remedy, if any, required by applicable law or stated in an order form.

3. Customer Data and instructions

"Customer Data" means data, files, records, and other information that Customer or its authorized users upload, submit, connect, transmit, or otherwise make available through the Services. Customer retains its rights in Customer Data.

Customer instructs TailorLoom to process Customer Data as necessary to provide, secure, maintain, support, and improve the operation of the Services for that Customer; prevent fraud or misuse; comply with law; and carry out other documented instructions consistent with these Terms and TailorLoom's Privacy Policy. Customer also instructs TailorLoom to create and use Aggregated Data as described in Section 5.

Customer grants TailorLoom a limited, non-exclusive, worldwide license during the applicable service period to host, copy, transmit, transform, analyze, display, and otherwise process Customer Data solely for those purposes. This license ends when the applicable Customer Data is deleted from TailorLoom's systems, subject to documented retention, security, and legal requirements.

Customer represents and warrants that it has all rights, permissions, notices, consents, and other lawful authority necessary to provide Customer Data to TailorLoom and to direct the processing described in these Terms. Customer is responsible for responding to requests from its members, guests, leads, or other individuals concerning data Customer controls, unless applicable law requires otherwise.

4. Uploaded files and future Connected Services

At launch, the Services are designed to accept supported file uploads. Export formats and data quality vary by third-party platform, and TailorLoom may check a file during upload for compatibility, completeness, or other data-quality issues. TailorLoom does not guarantee that every file, field, export configuration, or historical record will be accepted or interpreted correctly. Customer is responsible for complying with the terms of each third-party platform from which it exports or connects data.

If TailorLoom later enables an integration, API, OAuth connection, or similar account connection (a "Connected Service"), Customer authorizes TailorLoom to access, import, refresh, and process the data Customer selects or permits through that connection. Customer must have authority to connect the account and grant the requested permissions. Customer may disconnect a Connected Service through the available product or provider controls. TailorLoom will use any access token or credential for a Connected Service only to import and refresh the data Customer authorizes.

Connected Services are operated by third parties. Their availability, permissions, data fields, export formats, API limits, and terms may change. TailorLoom is not responsible for third-party outages, restrictions, inaccuracies, or changes, and does not guarantee continuous synchronization or continued support for any particular Connected Service. Disconnecting or revoking access stops future imports. Data already imported stays in Customer's workspace until Customer deletes it as described in Section 15.

5. Data isolation and automated insights

TailorLoom processes identifiable Customer Data only within Customer's own workspace. TailorLoom does not use Customer Data to train shared or generalized artificial-intelligence models, and does not use or disclose one Customer's identifiable data to generate results, benchmarking, or enrichment for another Customer.

TailorLoom may combine Customer Data from multiple customers to create aggregated or de-identified information that cannot reasonably identify Customer, any member, any organization, or any other individual ("Aggregated Data"), and may use Aggregated Data to improve the Services and to provide benchmarks. TailorLoom will take reasonable measures to prevent Aggregated Data from being linked to Customer or any individual, will not attempt to re-identify it, will not publish or share a benchmark drawn from fewer than five organizations, and will require any recipient of Aggregated Data to accept the same restrictions. TailorLoom will not use Aggregated Data to train shared or generalized artificial-intelligence models or for advertising. TailorLoom owns Aggregated Data, which is not Customer Data or Customer's Confidential Information and may remain after Customer Data is deleted. This paragraph survives termination of these Terms.

The Services currently generate insights through fixed calculations, and TailorLoom does not send Customer Data to any artificial-intelligence provider. If TailorLoom later adds AI-assisted features, it will update the Privacy Policy before those features process Customer Data, and the commitments in this Section 5 will continue to apply. Insights and any AI-assisted outputs may be incomplete, inaccurate, or unsuitable for a particular decision, and Customer must review them before relying on them.

6. Prohibited data

Unless TailorLoom expressly agrees in writing that a specific feature supports it, Customer must not upload, connect, or submit:

• protected health information, medical records, or other health information, such as injuries, medical conditions, body measurements, or wearable-device readings;
• complete payment-card numbers, card security codes, bank-account credentials, or other payment authentication data;
• Social Security numbers, passport numbers, driver's-license numbers, or similar government identifiers;
• biometric identifiers or biometric templates;
• information about any individual under 18;
• authentication credentials for third-party systems, except through an approved secure connection flow; or
• other highly sensitive personal data that the Services are not designed or approved to process.

Customer is responsible for reviewing its files and connection permissions before submission and for removing unsupported sensitive data.

7. Plans, fees, and billing

If a Founding Starter subscription is canceled and the customer later returns, the price available at the time of return applies.

Paid subscriptions renew automatically each month until canceled. Customer authorizes TailorLoom and its payment processor to charge the payment method on file for subscription fees, applicable taxes, and other authorized charges. Except where applicable law requires otherwise, cancellation takes effect at the end of the then-current paid billing period and does not retroactively reverse charges already incurred.

Prices may change prospectively. TailorLoom will provide advance notice of a price change when required by law or when the change affects an active paid subscription. A Founding Starter Customer's confirmed introductory rate remains $79 per month for its first 12 months of continuous paid service, which begins on the date of the first paid Founding Starter charge, and then changes to $99 per month. TailorLoom will email Customer at least 7 days before the first $99 charge.

Customer may cancel a paid subscription at any time online through the Services or by emailing support@tailorloom.com. After cancellation, Customer keeps paid access through the end of the current billing period, and the workspace then moves to the free Membership Health Check plan (the "Free plan") with its data left in place. Fees already paid are non-refundable, and TailorLoom does not prorate partial billing periods, except that TailorLoom will correct billing errors and will provide any refund that applicable law requires.

If a payment fails, TailorLoom will notify Customer by email and give Customer an opportunity to update its payment method before moving the workspace to the Free plan.

Fees do not include taxes. Customer is responsible for sales, use, and similar taxes on its purchase, and TailorLoom will add those taxes to Customer's invoice where the law requires TailorLoom to collect them.

8. Acceptable use

Customer and its users must not:

• use the Services unlawfully or to violate another person's rights;
• submit data without the required authority, notices, or permissions;
• share credentials outside Customer's authorized users or circumvent access controls;
• probe, scan, or test the vulnerability of the Services without TailorLoom's prior written authorization;
• reverse engineer, decompile, copy, or attempt to derive source code or underlying models except to the limited extent a restriction is prohibited by law;
• introduce malware, overload the Services, interfere with normal operation, or bypass usage limits; or
• use outputs to make unlawful, discriminatory, deceptive, or high-impact decisions without appropriate human review and independent verification.

9. Ownership and feedback

TailorLoom and its licensors own the Services, software, designs, documentation, algorithms, models, and related intellectual property, excluding Customer Data. Subject to these Terms, TailorLoom grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Services for Customer's internal business purposes during the applicable service period.

If Customer provides suggestions or feedback, Customer grants TailorLoom a worldwide, perpetual, irrevocable, royalty-free right to use that feedback without restriction or obligation, provided TailorLoom does not identify Customer or disclose Customer Confidential Information in doing so.

10. Confidentiality

Each party may receive nonpublic information that should reasonably be understood as confidential ("Confidential Information"). Customer Data is Customer's Confidential Information. The receiving party will use Confidential Information only to perform or exercise rights under these Terms, protect it using reasonable care, and disclose it only to personnel and service providers who need it and are bound by confidentiality obligations. Confidential Information does not include information that the receiving party can demonstrate is public through no breach, already lawfully known, independently developed, or lawfully received without restriction.

A party may disclose Confidential Information when legally required if it gives notice when legally permitted and reasonably cooperates with efforts to limit disclosure.

11. Security and access

TailorLoom will use reasonable administrative, technical, and organizational measures appropriate to the nature of the Services and Customer Data. No service can guarantee absolute security. Customer is responsible for its account security, user access, source-system permissions, and secure handling of exports and downloaded files.

TailorLoom personnel may access Customer Data only when reasonably necessary for support, security, maintenance, legal compliance, or other authorized operational purposes, subject to confidentiality obligations. TailorLoom keeps each Customer's data separate from other customers' data through database access rules and application checks tied to the signed-in user's organization.

12. Outputs and Customer decisions

The Services provide operational and behavioral context based on the data supplied and the product's available methods. They are not accounting, tax, legal, medical, employment, investment, or other professional advice; they are not a revenue-recognition, tax-compliance, or payment-processing system. Customer remains responsible for reviewing source data, confidence or completeness indicators, and outputs before acting.

TailorLoom does not warrant that data supplied by Customer or a third party is complete, current, or accurate, or that every person, transaction, visit, guest, or membership record will be matched. Customer is responsible for its decisions, communications, offers, and actions based on the Services.

13. Availability, support, and third-party services

The Services may be unavailable because of maintenance, updates, provider outages, security events, or circumstances outside TailorLoom's reasonable control. Any service level, support response time, data-recovery commitment, or uptime commitment applies only if expressly stated in an order form or separate written agreement. TailorLoom provides support by email at support@tailorloom.com. TailorLoom does not offer an uptime commitment, service credits, or a data-recovery commitment, and it does not maintain backups of Customer Data, so Customer should keep its own copies of source exports.

14. Suspension and termination

TailorLoom may suspend or limit access when reasonably necessary to address a security risk, unlawful activity, nonpayment, material breach, harm to the Services or others, or a legal requirement. When practicable, TailorLoom will give notice and an opportunity to cure before suspension.

Either party may terminate these Terms if the other party materially breaches them and does not cure the breach within a reasonable period stated in notice, or immediately where cure is not possible. Customer may also end a month-to-month subscription by canceling as described in the Services.

Any fees owed and Sections 9, 10, 12, 15, 16, 17, 18, 19, 21, and 22 survive any termination of these Terms.

15. Data deletion and retention

Customer may delete an import, erase an individual member, or, after canceling any paid subscription, delete its entire workspace through the Services. The Privacy Policy describes what each action removes. These deletions take effect immediately, and TailorLoom cannot restore deleted data because it does not maintain backups. A temporary copy of an uploaded file may remain in the uploading user's browser for up to four hours.

Canceling a paid subscription moves the workspace to the Free plan and does not delete Customer Data. Customer Data stays in the workspace until Customer deletes it or asks TailorLoom to delete the workspace by emailing support@tailorloom.com, and TailorLoom will complete a verified deletion request within 30 days. After workspace deletion, TailorLoom and its service providers keep billing records, invoices, and subscription history for accounting and tax purposes, product-usage events tied to account IDs, individual sign-in accounts until each user deletes that account or asks TailorLoom to delete it, and other limited information needed for security, dispute resolution, or legal compliance.

16. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TAILORLOOM DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TAILORLOOM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR COMPATIBLE WITH EVERY FILE, PLATFORM, OR BUSINESS PROCESS.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES CUSTOMER PAID OR OWES TO TAILORLOOM UNDER THESE TERMS FOR THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY OR (B) $100.

The limitations in this section do not apply to Customer's obligation to pay fees, Customer's obligations under Section 18, a party's fraud, gross negligence, or willful misconduct, or liability that cannot lawfully be limited.

18. Indemnification

Customer will defend TailorLoom and its personnel against any third-party claim, and will pay the resulting damages, fines, settlements, and reasonable attorneys' fees, to the extent the claim arises from (a) Customer Data or Customer's lack of rights, notices, consents, or authority to provide it, (b) Customer's upload of data prohibited by Section 6, (c) Customer's use of the Services in violation of these Terms or law, or (d) Customer's communications with its members, guests, leads, or other individuals, except to the extent the claim arises from TailorLoom's breach of these Terms, negligence, or willful misconduct. TailorLoom will give Customer prompt written notice of the claim, reasonable cooperation at Customer's expense, and control of the defense and settlement, but Customer may not settle a claim in a way that admits fault by TailorLoom or imposes obligations on TailorLoom without TailorLoom's written consent. Late notice relieves Customer of its obligations only to the extent the delay harms the defense.

19. Governing law and disputes

Texas law governs these Terms, without regard to conflict-of-laws rules.

Before starting mediation or arbitration, a party with a dispute arising out of or relating to these Terms or the Services will send the other party a written notice describing it, and the parties will try in good faith to resolve it informally for 30 days.

If the dispute remains unresolved after that period, either party may start mediation by written notice to the other party. The mediation will be administered by the American Arbitration Association under its Commercial Mediation Procedures and will not last more than 30 calendar days from the date it starts, unless the parties extend it by mutual written consent.

If mediation does not resolve the dispute, either party may submit it to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator seated in Travis County, Texas. The arbitration will not last more than 90 calendar days from the date it starts, unless the parties extend it by mutual written consent. The arbitrator's award is final, and judgment on it may be entered in any court with jurisdiction.

The parties will share the costs of mediation and arbitration, including mediator and arbitrator fees, equally unless they agree otherwise in writing.

The parties will select the mediator or arbitrator by mutual written agreement. If they cannot agree within 10 days after the mediation or arbitration starts, the mediator or arbitrator will be selected under the rules of the American Arbitration Association.

Despite the steps above, either party may seek temporary injunctive relief at any time to protect its confidential information, intellectual property, or systems in the state or federal courts located in Travis County, Texas, and each party consents to those courts' personal jurisdiction for that purpose. Either party may also bring a claim in a Texas justice court that has jurisdiction over it.

20. Changes to these Terms

TailorLoom may update these Terms from time to time. TailorLoom will post the updated Terms and change the effective date. If a change materially affects Customer's rights or obligations, TailorLoom will give at least 30 days' notice by email or in the Services before the change takes effect and may require Customer to accept the updated Terms through the Services to keep using them. Continued use after the effective date of an update constitutes acceptance to the extent permitted by law; if Customer does not agree, Customer must stop using the Services and cancel before the update takes effect.

21. Notices and electronic communications

Customer agrees to receive account, billing, security, legal, and service communications electronically. TailorLoom may send notices to the email associated with Customer's account, display them in the Services, or post them on the website. Notices to TailorLoom must be sent to support@tailorloom.com with the subject line "Legal Notice." A notice of breach, termination, or a legal claim must also be mailed to TailorLoom's registered agent at the address listed with the Texas Secretary of State.

22. Miscellaneous

These Terms, any accepted order form, and any other document expressly incorporated by reference form the entire agreement concerning the Services and replace prior discussions on that subject. The Privacy Policy describes TailorLoom's data practices and does not add contractual obligations beyond those stated in these Terms. If an order form expressly conflicts with these Terms, the order form controls only as to that conflict and only for that order. Customer may not assign these Terms without TailorLoom's consent, except in connection with a merger or sale of substantially all relevant assets if the assignee agrees in writing to be bound. TailorLoom may assign these Terms in connection with a corporate reorganization, financing, merger, acquisition, or sale of assets. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest will remain in effect. Failure to enforce a provision is not a waiver. The parties are independent contractors.

23. Contact

Questions about the Services or these Terms may be sent to support@tailorloom.com. Legal notices must follow Section 21.