Strong Growth Platform

Platform Terms of Service

For Special Strong Franchisees
Version 1.0 Effective June 02, 2026

These Platform Terms of Service (these “Terms”) govern access to and use of the Strong Growth Platform (the “Platform”), which is provided and operated by Strong Kingdom, LLC, a Texas limited liability company doing business as Special Strong (“Special Strong,” “we,” “us,” or “our”). The Platform is made available to franchisees of Special Strong as part of the Special Strong franchise system.

By creating an account, clicking “Log In” or “I Agree,” checking the consent box, or otherwise accessing or using the Platform, you (the “Franchisee,” “you,” or “your”) agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Platform.

The Platform is provided exclusively to authorized Special Strong franchisees operating under a valid franchise agreement with Special Strong. The Platform is not a consumer service and is not offered to the general public.

01Eligibility and Account Registration

1.1Eligibility.

To access the Platform you must (a) be a limited liability company, corporation, or other business entity that is a party to a current, valid franchise agreement with Special Strong (the “Franchise Agreement”), or be an authorized employee, contractor, or agent of such a Franchisee; (b) have a duly authorized signatory who is at least 18 years of age and legally capable of binding the entity to these Terms; and (c) have been authorized by Special Strong to receive Platform access.

1.2Account Creation.

You agree to provide accurate, current, and complete information during account registration and to keep your account information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify Special Strong immediately at the address in Section 18 of any unauthorized use of your account or any other breach of security.

1.3Authorized Users.

You may grant Platform access to your employees, contractors, and agents (“Authorized Users”) solely for the purpose of operating your Special Strong franchise. There is no cap on the number of Authorized Users you may add. You are fully responsible for the acts and omissions of all Authorized Users under your account and for ensuring each Authorized User complies with these Terms. You must promptly remove access for any Authorized User who is no longer entitled to it. You shall indemnify Special Strong for any breach of these Terms by any Authorized User as if you had committed the breach yourself.

1.4Suspension of Franchise Agreement.

If your Franchise Agreement with Special Strong is suspended, terminated, expired, or otherwise not in good standing, your right to access the Platform terminates automatically, immediately, and without notice on the same date. You waive any claim against Special Strong arising from such termination.

02Platform Access and License Grant

2.1Limited License.

Subject to your continued compliance with these Terms, Special Strong grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform solely for the internal business operations of your Special Strong franchise during the term of these Terms. No other rights are granted, whether by implication, estoppel, exhaustion, or otherwise. Special Strong may revoke this right at any time in its sole discretion.

2.2Restrictions.

You shall not, and shall not permit any Authorized User or third party to:

  • copy, modify, translate, decompile, disassemble, reverse engineer, or attempt to derive the source code, architecture, algorithms, or workflows of the Platform;
  • develop, market, or assist any third party in developing, marketing, or selling any product or service that is substantially similar to or competitive with the Platform or any element of it;
  • grant access to, share credentials for, or sublicense the Platform to any person or entity other than Authorized Users;
  • export, scrape, replicate, or recreate the Platform’s data architecture, databases, algorithms, audience data, or workflows;
  • remove, obscure, or alter any copyright legend, trademark, watermark, or other proprietary marking on the Platform;
  • use the Platform to send unsolicited communications, transmit malware, or engage in any unlawful, fraudulent, deceptive, or harmful conduct;
  • interfere with or disrupt the integrity or performance of the Platform or the data contained therein, including by attempting to circumvent any rate limits, access controls, or security mechanisms;
  • use the Platform in violation of any applicable law, regulation, or third-party right; or
  • use the Platform to compete with Special Strong or with the Special Strong franchise network.

2.3Reservation of Rights.

All right, title, and interest in and to the Platform, including all software, designs, architecture, databases, algorithms, workflows, templates, integrations, documentation, audience data, content, and all enhancements, modifications, and derivative works (collectively, the “Platform IP”), are and shall remain the sole and exclusive property of Special Strong and its licensors. These Terms grant you no ownership rights in the Platform IP. All rights not expressly granted are reserved.

2.4Updates and Modifications.

Special Strong may, at any time and in its sole discretion, update, modify, enhance, suspend, or discontinue any portion of the Platform, including any feature, integration, or functionality, with or without notice. Special Strong has no obligation to maintain backward compatibility or to continue offering any specific feature. You waive any claim against Special Strong arising from any modification or discontinuation.

03Your Data, Client Data, and Data Rights

3.1Definitions.

“Franchisee Data” means all data, content, and information you or your Authorized Users submit to or generate within the Platform in operating your franchise, including client and lead records, session data, billing data, communications, notes, and documents. “Client Data” means the subset of Franchisee Data relating to your individual clients and their caregivers.

3.2Ownership and Network Asset Status.

You acknowledge and agree that Client Data is a core asset of the Special Strong franchise network and is treated as a network asset. As between you and Special Strong, Special Strong retains all rights to Client Data as set forth in your Franchise Agreement. Special Strong hosts and processes Client Data on behalf of the Special Strong network.

3.3License to Special Strong.

You grant Special Strong a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, sublicensable license to host, store, transmit, process, analyze, display, create derivative works from, and otherwise use Franchisee Data for the purposes of (a) operating, maintaining, supporting, and improving the Platform; (b) generating aggregated, de-identified analytics, benchmarks, and reports for Special Strong’s business purposes; (c) training internal analytics, machine learning, and artificial intelligence models on aggregated and de-identified data; (d) complying with legal obligations; and (e) enforcing these Terms. This license survives termination of your access to the Platform.

3.4De-Identified and Aggregated Data.

Special Strong may create de-identified and aggregated data derived from Franchisee Data (“Aggregated Data”). Aggregated Data does not identify you, your clients, or your franchise. Special Strong retains all rights in Aggregated Data and may use and disclose it for any lawful business purpose, including product improvement, benchmarking, marketing, training of AI and machine learning models, and sale or transfer in connection with a corporate transaction, in each case without any obligation of compensation or notice to you.

3.5Franchise Scoreboard and Network Visibility.

The Platform includes a Franchise Scoreboard that displays performance metrics (including Net Athletes, Gross Revenue, and other operational metrics) of all active franchises in the Special Strong network. You consent to the display of your franchise’s metrics on the Franchise Scoreboard to other Special Strong franchisees and to Special Strong corporate personnel. You waive any claim against Special Strong arising from such display.

3.6Your Responsibilities for Client Data.

You are solely responsible for, and Special Strong disclaims all responsibility regarding:

  • obtaining all consents, authorizations, and notices required by applicable law from your clients, leads, and their caregivers before submitting their information to the Platform, including consents to electronic communications (SMS, email, calls), automated processing, data sharing within the Special Strong network, and retention of data beyond the term of your franchise;
  • the accuracy, completeness, and lawfulness of all Franchisee Data you submit;
  • ensuring your collection and use of Client Data complies with all applicable laws, including state biometric, consumer protection, telephone consumer protection, anti-spam, and children’s privacy laws; and
  • maintaining appropriate privacy notices and obtaining lawful basis for processing under any applicable privacy regime.

3.7Health Information Strictly Prohibited.

The Platform is not designed, intended, or warranted for the storage, processing, or transmission of Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). You shall not upload, transmit, store, or otherwise process Protected Health Information through the Platform. The Platform’s Documents, Notes, and Communications features must not be used for medical assessments, diagnoses, treatment plans, IEPs, behavioral health records, or any other information that constitutes Protected Health Information.

Special Strong is not your HIPAA Business Associate. These Terms do not constitute a Business Associate Agreement, and Special Strong does not offer Business Associate Agreements with respect to the Platform. If you require a HIPAA-compliant platform, you must use a different system. Your acceptance of HSA or FSA card payments through the Platform’s Stripe integration does not cause Special Strong to act as, or to assume the obligations of, a HIPAA Business Associate.

Material breach. If you nevertheless upload information that constitutes Protected Health Information in violation of this Section 3.7, you do so in material breach of these Terms; you remain solely responsible for all consequences of that breach, including HIPAA compliance and notification obligations; you shall indemnify Special Strong in full for any resulting claims, fines, penalties, or expenses; and Special Strong may suspend or terminate your access immediately under Section 10.

3.8Children’s Data.

You acknowledge that the Platform may store data relating to minors served by your franchise. You represent and warrant that you collect such data only from a parent, legal guardian, or authorized caregiver, and not directly from any minor, and that you have obtained all consents required under the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and any analogous state or federal law before submitting such data to the Platform. You shall indemnify Special Strong for any claim arising from your collection or processing of minors’ data.

3.9Data on Departure from the Network.

You acknowledge and agree that if your Franchise Agreement terminates or expires for any reason, all Client Data and other Franchisee Data relating to clients served by your franchise will be retained by Special Strong as a network asset. You will not have a right to delete, export, copy, or otherwise control Client Data following termination of your Franchise Agreement, except as expressly provided in your Franchise Agreement or as required by applicable law. Special Strong will not provide any export of Client Data, operational data, settings, notes, or other Franchisee Data to a departing Franchisee. Any post-termination access or data return must be arranged, if at all, under the terms of your Franchise Agreement.

3.10Third-Party Funders and Regional Centers.

If you bill or receive payment for client services through any state or regional center, government program, school district, managed-care organization, or other third-party funder (each, a “Funder”), you are solely responsible for complying with all requirements imposed by that Funder, including any audit-access, recordkeeping, data-retention, data-security, and breach-notification obligations. You shall not agree to, and shall not purport to bind Special Strong, Adaptive Fitness, LLC, or the Platform’s licensors to, any Funder requirement that would impose any obligation on the Platform or on any Indemnified Party. As between you and Special Strong, all Funder obligations rest solely with you, and you shall indemnify the Indemnified Parties for any claim arising from a Funder relationship. Special Strong is not a party to, and assumes no obligations under, any agreement between you and any Funder.

04Third-Party Services, Payment Processing, and Integrations

4.1Third-Party Services.

The Platform integrates with third-party services, including but not limited to Stripe (payment processing), Twilio (telephony and SMS), Google (Workspace, Calendar, and Gmail), Microsoft (Outlook), OpenAI (AI services), MongoDB (database), SendGrid (email), Pusher (real-time communications), and Intercom (customer support) (collectively, “Third-Party Services”). Your use of Third-Party Services is governed by the applicable third party’s terms and privacy policy, which you are responsible for reviewing and complying with. Special Strong is not responsible for, and disclaims all liability arising from, any Third-Party Service or any act, omission, outage, security incident, or change in terms of any third-party provider.

4.2Stripe Payment Processing.

Payments processed through the Platform are processed by Stripe, Inc. (“Stripe”) under Stripe’s Connected Account Agreement and Services Agreement. By accepting payments through the Platform, you agree to be bound by the Stripe Services Agreement (available at stripe.com/legal) and Stripe Connected Account Agreement (available at stripe.com/connect-account/legal). Stripe charges transaction fees that are deducted from amounts processed; Special Strong does not control Stripe’s fees and is not responsible for them. You authorize Special Strong to share with Stripe such information about you and your franchise as is necessary for Stripe to provide payment services.

4.3Communications via Twilio.

Outbound SMS and voice communications sent through the Platform are transmitted via Twilio, Inc. You are solely responsible for ensuring that all SMS and voice communications you send to clients, leads, or other recipients comply with the Telephone Consumer Protection Act of 1991, the CAN-SPAM Act of 2003, applicable carrier policies, and all other applicable laws and regulations, including obtaining prior express written consent where required. You shall indemnify Special Strong in full for any TCPA, CAN-SPAM, or carrier-related claim arising from your communications.

4.4AI Features.

Certain Platform features use artificial intelligence services provided by OpenAI, L.L.C. or other AI providers to generate business insights, analytics, and recommendations. Only aggregated and de-identified key performance indicators are transmitted to AI service providers; no client names, contact information, or health information is sent to AI services through these features as currently configured.

AI-GENERATED OUTPUTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, MAY CONTAIN MATERIAL ERRORS, HALLUCINATIONS, OR OUT-OF-DATE INFORMATION, AND MUST NOT BE RELIED UPON AS THE BASIS FOR ANY MEDICAL, CLINICAL, DIAGNOSTIC, THERAPEUTIC, FINANCIAL, INVESTMENT, TAX, LEGAL, EMPLOYMENT, OR OTHER MATERIAL BUSINESS DECISION. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ALL AI OUTPUTS AND FOR ANY DECISION YOU MAKE BASED ON THEM. SPECIAL STRONG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE OF AI-GENERATED OUTPUTS.

4.5Customer Funds and Refunds.

All client payments processed through Stripe are deposited into the Stripe account associated with your franchise. Special Strong does not hold, manage, custody, or have access to your client funds. You are solely responsible for refunds, chargebacks, payment disputes, reconciliation, sales tax collection and remittance, and all other financial obligations. In the event of a chargeback or refund dispute, you authorize Special Strong to make available transaction records and related Platform data to Stripe, applicable card networks, and any regulatory or tax authority.

05Fees

5.1Platform Fees.

Fees for access to the Platform, if any, are as set forth in or alongside your Franchise Agreement or as otherwise communicated to you by Special Strong or Adaptive Fitness, LLC. Fees for the Platform are billed and collected by Adaptive Fitness, LLC as Special Strong’s designated billing affiliate, and you authorize Special Strong and Adaptive Fitness, LLC to coordinate billing, collection, and account provisioning between them. You acknowledge that the fees you pay for the Platform, together with the limited license granted in Section 2.1, constitute the consideration supporting these Terms, including the limitations and allocations of risk in Sections 11, 12, and 13. Fee disputes are governed by your Franchise Agreement.

5.2Third-Party Fees.

You are responsible for all fees charged by Third-Party Services you use through the Platform, including Stripe processing fees, Twilio messaging and calling fees, and fees for any other Third-Party Service you elect to enable. Special Strong does not control and is not responsible for third-party fees.

5.3Taxes.

You are responsible for all taxes (other than taxes on Special Strong’s net income) arising from your use of the Platform, including sales, use, value-added, and similar taxes.

06Intellectual Property; Trademarks

6.1Platform IP.

The Platform, all features and functionality, all underlying software, all documentation, and all related intellectual property rights are owned by Special Strong and its licensors and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in or to any Platform IP.

6.2Special Strong Trademarks.

“Special Strong,” “Strong Kingdom,” “Adaptive Fitness,” and related logos and marks are trademarks of Special Strong and its affiliates. Your use of those marks is governed exclusively by your Franchise Agreement, not by these Terms.

6.3Feedback.

If you provide feedback, suggestions, ideas, or recommendations regarding the Platform (“Feedback”), you grant Special Strong a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, modify, and commercialize the Feedback for any purpose, without compensation or attribution to you. You waive any moral rights in Feedback.

6.4Audience and Content Protection.

Any audience data, content, follower lists, or media generated through the Platform are the sole property of Special Strong and its licensors. You shall not duplicate, transfer, scrape, export, or recreate such content or audiences outside the Platform.

07Confidentiality

7.1Confidential Information.

“Confidential Information” means all non-public information disclosed by Special Strong to you, whether orally, in writing, or by access through the Platform, that is identified as confidential or that a reasonable person would understand to be confidential, including the architecture, workflows, dashboards, algorithms, pricing, roadmaps, audience data, and analytics methodologies of the Platform. Confidential Information does not include information that (a) is or becomes publicly available through no fault of yours, (b) was rightfully known to you without restriction before disclosure, or (c) is independently developed by you without reference to Confidential Information.

7.2Obligations.

You shall (a) use Confidential Information solely to exercise your rights under these Terms; (b) protect Confidential Information with at least the same degree of care you use to protect your own confidential information, and in no event less than reasonable care; and (c) not disclose Confidential Information to any third party other than your Authorized Users who have a need to know and who are bound by confidentiality obligations at least as protective as those in these Terms.

7.3Trade Secrets.

You acknowledge that the Platform, including its architecture and underlying workflows, constitutes the trade secrets of Special Strong and its licensors. Unauthorized disclosure or use of such trade secrets entitles Special Strong to immediate injunctive relief without the requirement of posting bond, in addition to all other remedies available at law or in equity.

08Privacy

Special Strong’s collection and use of personal information in connection with the Platform is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.

09Security

9.1Safeguards.

Special Strong maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of Franchisee Data, consistent with industry-standard practices for platforms of similar size and complexity. No method of electronic transmission or storage is one hundred percent secure, and Special Strong does not warrant that the Platform will be free from unauthorized access, security incidents, or data breaches. Special Strong disclaims all liability for security incidents not caused by its gross negligence or willful misconduct.

9.2Your Security Obligations.

You shall: (a) keep your account credentials confidential and use strong, unique passwords; (b) enable multi-factor authentication where and when offered by the Platform; (c) promptly notify Special Strong of any actual or suspected unauthorized access to your account or to Franchisee Data; (d) maintain reasonable security practices for the devices and networks from which you access the Platform; and (e) ensure all Authorized Users are trained in basic security hygiene. Your failure to comply with this Section 9.2 is a material breach and a basis for immediate suspension under Section 10.

9.3Incident Notification.

In the event Special Strong becomes aware of a confirmed security incident that involves unauthorized access to or disclosure of Franchisee Data, Special Strong will act in accordance with applicable law. Notifications to affected individuals or regulators required by applicable law are the responsibility of the affected Franchisee, who shall reasonably cooperate to provide such notifications.

10Suspension and Termination

10.1Immediate Suspension.

Special Strong may suspend your access to the Platform, in whole or in part, immediately and without prior notice or cure period, if: (a) you breach or threaten to breach these Terms; (b) your Franchise Agreement is suspended, terminated, expired, or otherwise not in good standing; (c) your use threatens the security, performance, or integrity of the Platform; or (d) Special Strong reasonably believes suspension is required to comply with law or to prevent harm to Special Strong, other franchisees, or any third party. No cure period applies. Special Strong has no liability arising from any suspension.

10.2Termination.

Special Strong may terminate these Terms and your access to the Platform, effective immediately upon notice and without cure period, if (a) you breach these Terms; (b) your Franchise Agreement terminates or expires; or (c) Special Strong ceases to operate the Platform generally.

10.3Termination by You.

You may terminate these Terms by ceasing to use the Platform and notifying Special Strong in writing. Termination by you does not relieve you of any obligation accrued prior to termination, and does not terminate your underlying Franchise Agreement, which is governed separately.

10.4Effect of Termination.

Upon termination or expiration of these Terms: (a) all rights and licenses granted to you under these Terms immediately cease; (b) you shall promptly cease all access to and use of the Platform and destroy all copies of any Confidential Information in your possession; (c) Special Strong will handle Franchisee Data as described in Section 3.9 (no export, no return); and (d) any provision that by its nature should survive termination shall survive, including Sections 2.3, 3.3, 3.4, 3.9, 3.10, 6, 7, 10.4, 11, 12, 13, 14, 15, 16, 17, and 18.

11Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SPECIAL STRONG EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SPECIAL STRONG DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR RELIABLE.
SPECIAL STRONG MAKES NO WARRANTY REGARDING (A) THE RESULTS YOU OR YOUR FRANCHISE WILL OBTAIN FROM USING THE PLATFORM; (B) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT, ANALYTICS, OR RECOMMENDATIONS; (C) THE PERFORMANCE, AVAILABILITY, OR CONTINUED EXISTENCE OF ANY THIRD-PARTY SERVICE; (D) THE PLATFORM’S SUITABILITY FOR ANY PARTICULAR REGULATORY, MEDICAL, CLINICAL, OR FINANCIAL PURPOSE; OR (E) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
NO SERVICE LEVEL AGREEMENT OR UPTIME COMMITMENT IS PROVIDED. SPECIAL STRONG PROVIDES THE PLATFORM ON A BEST-EFFORTS BASIS AND HAS NO OBLIGATION TO PROVIDE SERVICE CREDITS, REFUNDS, OR OTHER REMEDIES FOR DOWNTIME OR DEGRADED PERFORMANCE.

12Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPECIAL STRONG OR ITS AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF SPECIAL STRONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SPECIAL STRONG’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER OR RELATING TO THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY IN THE AGGREGATE, EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF, AND ONLY TO THE EXTENT THAT, THE FOREGOING ONE-HUNDRED-DOLLAR CAP IS HELD UNENFORCEABLE BY A COURT OR ARBITRATOR OF COMPETENT JURISDICTION, SPECIAL STRONG’S TOTAL CUMULATIVE LIABILITY SHALL INSTEAD BE LIMITED TO THE TOTAL FEES PAID FOR ACCESS TO THE PLATFORM BY OR ON BEHALF OF THE FRANCHISEE (WHETHER TO SPECIAL STRONG OR TO ADAPTIVE FITNESS, LLC) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

13Indemnification

13.1By You.

You shall indemnify, defend, and hold harmless Special Strong, Strong Kingdom, LLC, Adaptive Fitness, LLC, and their respective affiliates, members, officers, directors, employees, contractors, and agents (each, an “Indemnified Party”) from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

  • your or your Authorized Users’ use of the Platform;
  • your breach or alleged breach of these Terms;
  • your violation or alleged violation of any applicable law or third-party right, including any privacy law, telephone consumer protection law, anti-spam law, consumer protection law, employment law, tax law, or intellectual property right;
  • any claim by a client, lead, caregiver, employee, contractor, regulator, or other third party arising out of data you submitted to the Platform or actions taken by you through the Platform;
  • any claim that your operation of your franchise infringed or misappropriated any third-party right;
  • any upload of Protected Health Information to the Platform in violation of Section 3.7; and
  • any claim arising from your collection or processing of minors’ data.

13.2Procedure.

The Indemnified Party will give you reasonable notice of any claim subject to indemnification (provided that failure to give such notice will not relieve you of your obligations except to the extent you are materially prejudiced thereby). The Indemnified Party may, at its option, control the defense of the claim with counsel of its choice at your expense, or allow you to control the defense. You may not settle any claim that imposes any obligation or admission on any Indemnified Party without that Indemnified Party’s prior written consent.

13.3No Reciprocal Indemnity.

Special Strong provides no indemnity to you under these Terms. You acknowledge that the absence of a reciprocal indemnity is a material term of these Terms and is reflected in the limited license you receive.

14Dispute Resolution; Binding Arbitration

14.1Informal Resolution.

Before initiating any formal dispute resolution proceeding, the parties shall attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms (a “Dispute”) through informal negotiation. Either party may initiate this process by sending written notice describing the Dispute to the other party. If the Dispute is not resolved within thirty (30) days of such notice, either party may proceed under Section 14.2.

14.2Binding Arbitration.

Except as provided in Section 14.5, any Dispute that is not resolved through informal negotiation shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator, seated in Collin County, Texas, and conducted in the English language. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.3Arbitration Costs and Attorneys’ Fees.

You shall pay all AAA filing fees, administrative fees, and arbitrator compensation. Each party shall bear its own attorneys’ fees and costs during the arbitration. Notwithstanding the foregoing, if Special Strong is the prevailing party, you shall reimburse Special Strong for its reasonable attorneys’ fees, costs, and arbitrator fees. The arbitrator shall determine the prevailing party. If a court of competent jurisdiction holds that you cannot be required to pay arbitration fees or attorneys’ fees under applicable law, this Section 14.3 shall be modified to the minimum extent necessary to comply with such law, and the remainder of these Terms shall remain in full force and effect.

14.4Class Action Waiver.

YOU AND SPECIAL STRONG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE BY A COURT OR ARBITRATOR OF COMPETENT JURISDICTION, THEN THE ENTIRETY OF THIS SECTION 14 (DISPUTE RESOLUTION; BINDING ARBITRATION) SHALL BE NULL AND VOID, AND ANY DISPUTE THAT WOULD OTHERWISE HAVE BEEN ARBITRATED SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN COLLIN COUNTY, TEXAS. UNDER NO CIRCUMSTANCES SHALL ANY DISPUTE BETWEEN YOU AND SPECIAL STRONG BE ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. THE REMAINDER OF THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

14.5Injunctive Relief Carve-Out.

Notwithstanding Section 14.2, Special Strong may seek injunctive or other equitable relief in any court of competent jurisdiction located in Collin County, Texas to protect its intellectual property rights, Confidential Information, or trade secrets, without first proceeding through informal resolution or arbitration, and without the requirement of posting bond.

14.6Governing Law.

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.7Statute of Limitations.

Any claim you may bring against Special Strong arising out of or relating to these Terms or the Platform must be brought within one (1) year after the cause of action accrues, or be forever barred. This shortened limitations period applies to the maximum extent permitted by applicable law.

15Changes to These Terms

Special Strong may modify these Terms at any time by posting the revised Terms within the Platform or by emailing them to you at the email address associated with your account. Material changes will be identified as such and will be effective thirty (30) days after notice; non-material changes are effective immediately. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to a modification, you must stop using the Platform before the modification takes effect; continued use after that date is binding acceptance.

16General Provisions

16.1Entire Agreement.

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Special Strong with respect to the Platform and supersede all prior or contemporaneous agreements, communications, and proposals on that subject. Your Franchise Agreement remains a separate agreement between you and Special Strong; in the event of any conflict between these Terms and your Franchise Agreement with respect to the Platform, these Terms shall control with respect to Platform access and use.

16.2Assignment.

You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without Special Strong’s prior written consent, which may be withheld in Special Strong’s sole discretion. Special Strong may assign these Terms freely, including to an affiliate, successor in interest, or acquirer of substantially all of its assets or business. Any attempted assignment in violation of this Section is void.

16.3No Waiver.

No failure or delay by Special Strong in exercising any right under these Terms shall operate as a waiver of that right. No waiver is effective unless in writing and signed by Special Strong.

16.4Severability.

If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect. The parties shall negotiate in good faith to replace any unenforceable provision with an enforceable one that achieves the same economic effect as nearly as possible.

16.5Independent Contractors.

Special Strong and you are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and Special Strong other than the franchise relationship governed by your Franchise Agreement.

16.6Third-Party Beneficiaries.

Adaptive Fitness, LLC and the licensors of the Platform are intended third-party beneficiaries of these Terms with respect to provisions that protect their interests, including Sections 2, 3, 6, 7, 11, 12, 13, 14, and 17, and may enforce those provisions directly against you. Without limiting the foregoing, the warranty disclaimers in Section 11, the limitations and exclusions of liability in Section 12, and the indemnities in Section 13 apply to, and run for the benefit of, Adaptive Fitness, LLC and the Platform’s licensors to the same extent as they apply to and benefit Special Strong, and each such party may invoke and enforce those provisions directly. The rights of these third-party beneficiaries under this Section are in addition to, and not in limitation of, any rights and protections provided to the Platform’s licensors under any separate license or other agreement between Special Strong and such licensors. No other person or entity is an intended third-party beneficiary of these Terms.

16.7Force Majeure.

Special Strong is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, civil unrest, pandemic, government action, fire, flood, internet or telecommunications failures, third-party service outages, cyberattacks, or labor disputes.

16.8Notices.

Notices to you may be provided by email to the address associated with your account, by posting within the Platform, or by mail to your registered franchise address; notices are effective upon sending. Notices to Special Strong must be sent in writing to the address in Section 18 and are effective only upon Special Strong’s actual receipt.

16.9Export Compliance.

You shall comply with all applicable U.S. export control and sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of restricted persons.

16.10U.S. Operations Only.

The Platform is intended for use only by Franchisees operating within the United States. You may not access the Platform from outside the United States without Special Strong’s prior written consent.

16.11Marketing Communications.

Special Strong may send you product updates, training opportunities, feature announcements, and other communications relating to the Platform and the Special Strong franchise network. By using the Platform, you consent to receive such communications. Purely transactional and administrative messages will be sent regardless of marketing preferences.

16.12Headings.

Section headings are for convenience only and do not affect the interpretation of these Terms.

17Non-Compete and Non-Solicitation

During the term of these Terms and for two (2) years after termination, you shall not, directly or indirectly, anywhere in the United States:

  • develop, market, sell, license, or assist any third party in developing, marketing, selling, or licensing any software product or service that is substantially similar to or competitive with the Platform;
  • solicit for employment or engagement any employee or contractor of Special Strong with whom you have had material contact through your use of the Platform; or
  • encourage or assist any other Special Strong franchisee to terminate its Franchise Agreement, breach these Terms, or engage in any conduct prohibited by these Terms.

General advertisements not specifically targeted at Special Strong personnel are not a breach of this Section. You acknowledge that this Section 17 protects Special Strong’s legitimate business interests, is reasonable in scope, duration, and geographic reach, and is supported by adequate consideration including the limited license granted in Section 2.1.

18Contact Information

All legal notices, questions, and communications regarding these Terms should be sent to:

Strong Kingdom, LLC
400 N Allen Dr, Suite 303
Allen, Texas 75013
Email: [email protected]
BY CLICKING “LOG IN,” CHECKING THE CONSENT BOX, OR OTHERWISE ACCESSING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE PLATFORM TERMS OF SERVICE AND THE PRIVACY POLICY. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE FRANCHISEE ENTITY TO THESE TERMS.
End of Terms of Service