Terms and Conditions

1. Acceptance of Terms

By accessing and using Systema ("the platform"), operated by Skala Marketing, you agree to be bound by these Terms and Conditions. If you do not agree with any of these terms, you must not use the platform.

These terms apply to all users, including business administrators, staff, and business members accessing through the Progressive Web App (PWA).

2. Service Description

Systema is a SaaS (Software as a Service) platform for comprehensive business management that includes:

• Admin panel for managing members, memberships, and payments
• Point of Sale (POS) system and online store
• QR code check-in system
• Progressive Web App (PWA) for business members
• Virtual coach with artificial intelligence (IronMind)
• Nutritional analysis tools and routines
• Notification system (push, email, WhatsApp)
• Social community and gamification
• Analytics and business reports
• AI Retention Prediction
• Facebook and Instagram advertising campaign management via Facebook Marketing API
• Appointment synchronization with Google Calendar (creation, editing, and deletion of events in the business owner's calendar)
• Google Business Profile listing management and review response (optionally AI-assisted)

2A. Ad Management Service (Facebook Marketing API)

Systema offers optional functionality to create, publish and manage advertising campaigns on Facebook and Instagram through integration with the Facebook Marketing API. By connecting an ad account to Systema, the business accepts the following conditions:

2A.1 Role of Systema

Systema acts solely as a technology provider. We are not an advertising agency and we do not manage campaigns autonomously. Every decision about budget, targeting, copy, creatives, activation and pausing is made exclusively by the business from the Systema panel.

2A.2 Advertising expense responsibility

Systema does not guarantee results specifics (reach, clicks, conversions, ROI) of any campaign. The results depend on multiple factors outside of our control: creative quality, chosen targeting, competition in the Meta auction, quality of the business's product/service, and current Meta policies.

2A.3 Compliance with Meta policies

The business is committed to complying with all Meta Advertising Policies, the Facebook Commercial Terms and applicable local advertising regulations. Systema is not responsible for rejections, suspensions or penalties that Meta applies to the business for violations of these policies.

2A.4 Scope of access granted

When completing the OAuth flow with Facebook, the business grants Systema access to the ad accounts, pages, and Instagram accounts that Meta indicates. Systema solo interacts with the assets that the business explicitly selects within our dashboard. The business can revoke access at any time from Anuncios IA → Desconectar, or from Facebook's security settings.

2A.5 Contenido publicitario

The business is solely responsible for the content of the ads (images, videos, text, links) it publishes through Systema. Systema offers AI-assisted tools to generate copy and images, but the business must review and approve all content before publishing. The business warrants that it owns the rights to all content used and that it does not infringe third-party rights.

2B. Integration Service with Google APIs (Calendar and Business Profile)

Systema offers optional functionality to integrate with Google Calendar y Google Business Profile through Google's official APIs. By connecting a Google account to Systema, the business accepts the following conditions:

2B.1 Role of Systema

Systema acts solely as a technology provider. The Google integration is explicitly initiated and authorized by the business owner through Google's official OAuth 2.0 flow. Every decision about which appointments to create, which reviews to reply to, and what information to publish on the Google Business Profile listing is made exclusively by the business from the Systema panel.

2B.2 Compliance with the Google API Services User Data Policy

The business commits to using Google integration functionalities in a manner compliant with Google policies, including: Google APIs Terms of Service, Google Workspace APIs, and Google Business Profile guidelines, as well as applicable local regulations.

2B.3 Permisos solicitados

Upon completing the OAuth flow with Google, Systema requests the following permissions:

• openid y userinfo.email — identify the connected account
• calendar.freebusy — read calendar availability to block already occupied slots
• calendar.events — create, edit and delete mirror events for appointments created in Systema
• business.manage — list listings, read and reply to reviews, and update basic listing information

2B.4 Scope of access granted

Systema solo interacts with the Google Business Profile Calendars and Sheets that the business explicitly connects. The business can revoke access at any time from Integraciones → Desconectar in the Systema panel, or from the Google Account security settings.

2B.5 Content Responsibility

• Calendar events: the business is responsible for the details, attendees, and content of appointments synced with Google Calendar
• Review replies: the business is solely responsible for content published as replies to reviews on Google Business Profile. Systema may suggest AI-assisted replies, but the business must review and approve them before publishing
• Card information: the business is responsible for the accuracy of hours, description and other data published to its Google Business Profile through Systema

2B.6 No financial intermediary

Systema does not charge or receive payments from Google. The relationship between the business and Google (including any cost associated with using Google Workspace or Google Business Profile) is direct between the business and Google. Systema is not responsible for suspensions, penalties or restrictions that Google applies to the business for violations of Google's policies.

3. Registration and Accounts

3.1 Registration requirements

• You must be over 18 to register a business
• You must provide accurate and up-to-date information
• Passwords must be at least 8 characters long with letters and numbers
• Each business receives an isolated space (tenant) on the platform

3.2 Account Responsibility

The business administrator is responsible for all activity under their account, including managing their members' data and their staff's use of the platform.

4. Plans and Pricing

4.1 Planes disponibles

Systema offers the following subscription plans:

4.2 Trial Period

New businesses receive a 14-day free trial period. At the end of the trial period, the subscription will automatically activate if a payment method was provided, or it will be canceled if none was provided.

4.3 Billing cycles

Subscriptions are charged monthly or annually depending on the user's choice. Annual plans include a discount equivalent to 2 months free.

4.4 Plan changes

Upgrades are applied immediately with prorating. When downgrading, the new plan is applied at the beginning of the next billing cycle.

5. Payments and Billing

• All payments are processed securely through Stripe
• Prices are in United States Dollars (USD)
• Charges are recurring until the subscription is canceled
• There are no refunds for partial periods of use
• Systema reserves the right to adjust prices with 30 days' prior notice

6. Cancellation

• You can cancel your subscription at any time from the billing panel
• Cancellation takes effect at the end of the current billing period
• There are no early cancellation penalties
• Data is kept for 30 days after cancellation to allow for reactivation
• After 30 days, data may be permanently deleted

7. Uso Aceptable

Al usar Systema, te comprometes a:

• Do not use the platform for illegal activities
• Do not attempt to access data from other businesses (tenants)
• Do not reverse engineer or attempt to breach security
• Do not upload offensive, illegal, or content that violates the rights of third parties
• Do not use the platform to send spam or unsolicited communications
• Respect the usage limits according to your contracted plan
• Keep your login credentials confidential

8. Propiedad Intelectual

Systema, including its design, code, logos, brand and features, is the property of Skala Marketing. Users retain ownership of their data and generated content.

Reproduction, distribution, or creation of derivative works from the platform is not permitted without express authorization.

9. Business Data and Responsibility

The business administrator is responsible for:

• Obtain consent from your members to collect and process their data
• Comply with applicable data protection laws in your jurisdiction
• The veracity of the data entered into the platform
• Proper management of your staff accounts
• Obtaining parental consent for underage members

10. Service Availability

• Systema strives to maintain 99.9% uptime
• Scheduled maintenance is performed with prior notice when possible
• We do not guarantee uninterrupted availability
• We are not responsible for interruptions caused by third parties (Stripe, Supabase, Vercel, internet providers)

11. Limitation of Liability

Systema is provided "as is" and "as available". To the maximum extent permitted by law:

• We are not responsible for indirect, incidental, or consequential damages
• Our total liability is limited to the amount paid by the user in the last 12 months
• We do not guarantee that the platform is error-free
• We are not responsible for business decisions based on platform data

12. Inteligencia Artificial — Servicio IronMind

Systema offers the artificial intelligence service IronMind integrated into the PWA for business members. This service includes virtual fitness coaching, nutritional analysis with image recognition, personalized routine generation, and retention prediction.

12.1 AI Service Responsibility

The business acts solely as an access channel to the AI service for its members. The contractual relationship regarding the AI service is exclusively between Systema (Skala Marketing) and the end user (business member).

12.2 Nature of the AI service

• IronMind is a support tool and does not replace professional medical, nutritional, or personal training advice
• The recommendations are for guidance only and do not constitute medical advice or prescription
• Users should consult healthcare professionals before starting any program based on AI suggestions
• Results may vary and Systema does not guarantee absolute accuracy

12.3 AI Credit Plans

Business members can purchase AI credit plans directly from the PWA to access advanced IronMind virtual coach features:

• Credits are consumed per conversation started with the coach
• Unused credits are not rolled over between billing periods
• The purchase of credits is processed by Stripe safely
• Credit plans are independent of the business plan
• There are no refunds for unused credits at the end of the period

12.4 Platform commission

13. Community Content

The community section allows members to publish content. Systema:

• We reserve the right to remove inappropriate content
• It is not responsible for content published by users
• You can implement automatic moderation
• Automatically delete posts after an admin-defined period

14. Modificaciones

Systema may modify these terms at any time. Significant changes will be notified by email at least 15 days in advance. Continued use of the platform after notification constitutes acceptance of the new terms.

15. Ley Aplicable

These terms are governed by the laws of the state of Florida, United States. Any dispute will be resolved in the competent courts of Miami-Dade County, Florida.

16. Contacto