Terms of Service
These Terms of Service ("Terms") govern your access to and use of the 5 Mile Gym mobile application, website, and related services (collectively, the "Service"), operated by Building Rome LLC, a limited liability company doing business as "5 Mile Gym" ("we," "us," "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
5 Mile Gym provides a subscription-based access program to a network of partner gyms. Subscribers receive a digital pass redeemable at participating gyms for a discounted visit rate. We do not own, operate, or staff partner gyms. Each gym sets its own hours, rules of conduct, and waiver requirements.
2. Eligibility and Account
You must be at least 18 years old to subscribe. You agree to provide accurate registration information and to keep it current. You are responsible for all activity under your account. Accounts are personal and non-transferable; sharing your QR pass with another person may result in immediate termination without refund.
3. Subscription, Billing, and Cancellation
- Plans currently offered are monthly ($29) and annual ($249), billed in advance through Stripe.
- Subscriptions auto-renew at the end of each billing period until canceled.
- You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are issued.
- We may change pricing on 30 days' notice. Price changes take effect at your next renewal.
- If a payment fails, we may suspend your access until the balance is cleared.
4. The Pass and Gym Partners
The Service grants a discount on the gym partner's posted walk-in or day-pass rate; it is not a membership in any partner gym. Access is contingent on the gym's normal admission rules. You agree to comply with each gym's posted policies, sign their waiver if required, and act with respect toward staff and other members. The gym partner retains the right to deny entry at its sole discretion.
5. Acceptable Use
You agree not to:
- Share, screenshot, sell, or otherwise transfer your QR pass to another person.
- Use the Service for any unlawful purpose or in any manner that could damage, disable, or impair it.
- Attempt to access another user's account, scan another user's pass, or interfere with the verification system.
- Reverse engineer, decompile, or disassemble any portion of the Service.
- Use automated means (bots, scrapers) to access the Service.
6. Intellectual Property
The Service, including its software, design, logos, and content, is owned by Building Rome LLC 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. Any feedback you provide may be used by us without obligation to you.
7. Third-Party Services
The Service relies on third-party providers including Stripe (payment processing), Supabase (authentication and database), Apple App Store and Google Play (mobile distribution), and partner gyms (physical access). Your use of those services is subject to their respective terms. We are not responsible for the practices of third parties.
8. Disclaimer of Warranties
The Service is provided "as is" and "as available," without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. Physical exercise carries inherent risks; you assume those risks when you use any partner gym.
9. Limitation of Liability
To the maximum extent permitted by law, Building Rome LLC and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for any claim arising out of or related to the Service is limited to the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.
10. Indemnification
You agree to indemnify and hold harmless Building Rome LLC from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms, your use of the Service, or your conduct at any partner gym.
11. Termination
We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. You may terminate your account at any time by canceling your subscription and contacting us. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and dispute resolution) will survive.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Arlington County, Virginia, and you consent to personal jurisdiction in those courts. (Pending confirmation of governing-law state at attorney review.)
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notice at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms: info@buildingrome.dev
Building Rome LLC dba 5 Mile Gym, Pentagon City, NCR