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These are the terms every gym accepts in its NinjaHQ back office before its website goes live. They also cover NinjaHQ's connections to other services the gym chooses to use, such as QuickBooks Online and Stripe. Questions: contact us.

NinjaHQ Platform Agreement

Version 2026-10-05

NinjaHQ is a platform solution offered by Peak Beyond, LLC

Part A: Platform terms

These terms are between Peak Beyond, LLC, a Virginia limited liability company with its principal office at 435 Merchant Walk Square, Suite 300-132, Charlottesville, Virginia 22902 ("Peak Beyond," "we," "us") and the gym identified in the acceptance record or applicable Order Form ("Gym," "you"). Peak Beyond provides the NinjaHQ website platform and related services ("NinjaHQ" or the "Platform"). NinjaHQ is a product and service of Peak Beyond and is not a separate legal entity, company or assumed business name.

1. Acceptance and Authority

You accept this Agreement when an owner or other authorized representative of the Gym accepts it through the Platform. The person accepting confirms authority to bind the Gym. Peak Beyond may record the Gym, sign-in email, accepting person’s name and title, time, IP address, device information, Agreement version and a fingerprint or other integrity record of the accepted text, and may email a copy of the accepted Agreement.

Until an authorized representative accepts the then-current Agreement, Peak Beyond may restrict back-office access. Public website availability need not be affected.

2. The NinjaHQ Platform

NinjaHQ provides the Gym with a public website and back-office tools that may include pages and schedules, competition and event registration, online payments through the Gym’s own Stripe account, electronic waivers, memberships, customer accounts, email notices, visit statistics and other enabled features.

Peak Beyond provides the tools; the Gym operates its business. The Gym decides what its website says, what it sells, what information it asks customers to provide and what it does with that information.

Peak Beyond may add, improve, change or discontinue features. Features expressly identified as test, beta, preview or sandbox may change or end at any time and are not part of the Gym’s core purchased functionality unless expressly stated otherwise in an Order Form.

3. Accounts and Staff

The Gym chooses who may sign in to its NinjaHQ back office and the roles assigned to them. The Gym is responsible for activity through its authorized accounts, including accounts of former staff not timely removed. Sign-in may use single-use codes sent by email. The Gym must secure its owners’ and staff email accounts, remove access promptly when no longer needed and notify Peak Beyond if it suspects unauthorized access.

4. Gym Content

All words, prices, schedules, logos, photos, videos, waiver text, documents and other materials the Gym or its staff submit to NinjaHQ (“Gym Content”) remain the Gym’s property. The Gym grants Peak Beyond a limited license to host, copy, format, process and display Gym Content as necessary to provide NinjaHQ.

The Gym is responsible for Gym Content and represents that it has the rights and permissions necessary to use it, including appropriate permission for individuals shown or named and parent or guardian permission where required for minors.

5. Customer and Athlete Data

NinjaHQ may collect and process personal data about the Gym’s customers, athletes, waiver participants and staff on the Gym’s behalf (“Customer Data”). As between the Parties, Customer Data belongs to the Gym. For applicable privacy law, the Gym is the controller or business and Peak Beyond is the processor or service provider. The Data Processing Addendum in Part B governs this processing.

The Gym is responsible for its lawful basis to collect Customer Data, required notices and consents, parental or guardian consent where required, and responses to data-subject requests. NinjaHQ may provide privacy and data-management tools to assist the Gym.

The Gym must not use NinjaHQ to collect data the Platform is not designed for, including payment-card numbers outside Stripe, government identity numbers or medical records beyond information the Gym elects to collect through supported waiver fields.

NinjaHQ can present the Gym’s liability waiver and other documents and record electronic signatures. Any sample language or templates are provided only as operational starting points and are not legal advice. Peak Beyond does not warrant that a waiver, policy or term is valid or enforceable for the Gym, its state or its activities.

The Gym is responsible for the content and legal sufficiency of its waivers and other documents and for determining appropriate retention. Peak Beyond is not a party to agreements between the Gym and its customers.

7. Payments

Online payments are made to the Gym’s own Stripe account under the Gym’s agreement with Stripe. The Gym is the seller. Peak Beyond does not receive, hold or transmit the Gym’s customer funds and NinjaHQ is not designed to store payment-card numbers.

The Gym is responsible for pricing, taxes, refunds, cancellations, disputes, chargebacks, membership and billing terms, and compliance with Stripe requirements and applicable recurring-billing and automatic-renewal laws.

8. Leagues and Third Parties

Competitions may be conducted under rules of independent leagues or sanctioning organizations. Unless expressly stated otherwise, Peak Beyond and NinjaHQ are not affiliated with, endorsed by or responsible for any league, and league names are used only to describe the Gym’s events.

NinjaHQ may link to or interoperate with third-party services such as Stripe, booking systems, video platforms, email providers and AI services. Their own terms apply, and Peak Beyond is not responsible for their independent acts, omissions, availability, security or performance.

9. Acceptable Use

The Gym will not use NinjaHQ, or permit others to use it, to: violate law or third-party rights; send unlawful or unsolicited marketing; upload malicious code; probe or test Platform security without written permission; access another customer’s data; materially interfere with NinjaHQ; resell the Platform; or give back-office access to persons other than the Gym’s authorized personnel.

Peak Beyond may suspend affected access or a website where reasonably necessary to protect NinjaHQ, other customers, the Gym’s customers or the public, or to comply with law. Where reasonably practicable, Peak Beyond will provide notice and an opportunity to cure.

10. Fees and Order Forms

The Gym will pay the fees stated in the applicable Order Form or pricing schedule, plus applicable taxes. Unless the Order Form states otherwise, invoices are due within thirty (30) days. Peak Beyond may suspend NinjaHQ for undisputed fees more than thirty (30) days overdue after written notice.

Order Forms may identify subscription tiers, implementation services, add-on features, transaction-related charges, additional sites or other commercial terms. A later Order Form supplements existing Order Forms unless it expressly replaces or modifies them.

11. Availability, Support and Backups

Peak Beyond will use commercially reasonable efforts to operate NinjaHQ and address material problems, but does not promise uninterrupted or error-free availability and provides no service-level credit or uptime commitment unless expressly stated in an Order Form.

Peak Beyond maintains backups as part of Platform operations. Backups are a safeguard, not a guarantee. Where NinjaHQ provides export tools, the Gym should periodically export records it considers important to its own retention obligations.

12. Security

Peak Beyond will maintain reasonable technical and organizational measures for NinjaHQ as described in Part B. The Gym is responsible for the security of its own devices, email accounts, Stripe account and other third-party accounts, and for limiting back-office access to people who need it.

13. Automated and AI-Assisted Features

Emails and text messages sent through NinjaHQ are sent for the Gym and on its instructions. The Gym is the sender and is responsible for message content, required consent and compliance with applicable marketing and communications laws, including CAN-SPAM and the Telephone Consumer Protection Act where applicable.

NinjaHQ may include automated tools and suggestions, such as AI connectors, redirect matching, email validation, insights, segments, spam detection and automated Platform fixes. These are tools to assist the Gym, not professional advice. The Gym is responsible for reviewing material outputs and for decisions about what it sends, deletes, publishes or implements.

Third-party AI applications the Gym chooses to connect are provided by their respective providers under their own terms. Peak Beyond is not responsible for their independent outputs, retention or conduct.

14. Warranties and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINJAHQ IS PROVIDED “AS IS” AND “AS AVAILABLE.” PEAK BEYOND DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Peak Beyond does not guarantee registrations, memberships, revenue, search rankings, email delivery or the accuracy of every calculation, suggestion or automated output. Peak Beyond does not provide legal, tax, medical, insurance or safety advice through NinjaHQ and does not operate, supervise or inspect the Gym, its facility, equipment, staff, classes, competitions or events.

15. Limitation of Liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK BEYOND WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY, HOWEVER CAUSED.

15.2 PEAK BEYOND’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO NINJAHQ, THIS AGREEMENT AND ALL ORDER FORMS WILL NOT EXCEED THE GREATER OF (A) THE FEES ACTUALLY PAID BY THE GYM TO PEAK BEYOND FOR NINJAHQ DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

15.3 These limits apply regardless of theory of liability, even if Peak Beyond was advised that damages were possible and even if a limited remedy fails of its essential purpose. They do not limit liability that applicable law does not permit to be limited.

15.4 Any claim against Peak Beyond arising from NinjaHQ must be brought within one (1) year after the claim accrues, to the maximum extent permitted by law.

15.5 Peak Beyond, LLC alone is responsible under this Agreement. Its members, managers, employees and contractors have no personal liability to the Gym arising solely from the Gym’s use of NinjaHQ.

16. Gym Indemnification

The Gym will defend, indemnify and hold harmless Peak Beyond, its members, managers, employees and contractors from third-party claims, damages, fines, costs and reasonable legal fees to the extent arising from: the Gym’s operations, facility, classes, events or competitions; injury, death or property damage connected with them; Gym Content; Customer Data and the Gym’s collection or use of it; the Gym’s waivers, terms, prices, memberships, billing, refunds or customer dealings; activity through the Gym’s authorized accounts; or the Gym’s breach of this Agreement or applicable law.

Peak Beyond will provide prompt notice, allow the Gym to control the defense with reasonably acceptable counsel and provide reasonable cooperation at the Gym’s expense. The Gym may not settle a claim in a manner that admits fault by or imposes obligations on Peak Beyond without Peak Beyond’s written consent.

17. Term, Suspension and Termination

This Agreement begins when accepted and continues while the Gym uses NinjaHQ or has an active Order Form. The Gym may terminate as permitted by its applicable Order Form. Peak Beyond may terminate the Agreement or affected Order Form on thirty (30) days’ written notice, or for material breach if the breach is not cured within ten (10) days after notice.

Peak Beyond may suspend all or part of NinjaHQ immediately where reasonably necessary to protect the Platform, the Gym, other customers or the public, or to comply with law.

When the relationship ends, Peak Beyond will disable the Gym’s back-office access and may take the public site offline. Customer Data will remain available for export for thirty (30) days where the Platform supports export, after which Peak Beyond may retain an archived copy for up to ninety (90) additional days for recovery before deletion, except where law requires otherwise. Backups expire on their normal schedule.

18. Changes to Platform Terms

Peak Beyond may update these Platform terms from time to time. Peak Beyond will provide notice through NinjaHQ or by email at least thirty (30) days before a material update takes effect unless law, security or urgent Platform requirements reasonably require faster action. Peak Beyond may require an owner or authorized representative to accept the updated version before continued back-office use.

19. Governing Law; Arbitration; Class Waiver

19.1 This Agreement and all NinjaHQ Order Forms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws principles.

19.2 Any dispute arising out of or relating to NinjaHQ, this Agreement or an Order Form will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules by one arbitrator, seated in Charlottesville, Virginia. Either Party may bring an eligible individual claim in small claims court and either Party may seek temporary or injunctive relief from a court to protect intellectual property, confidential information, security or access rights.

19.3 CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. General

Peak Beyond and the Gym are independent contractors. The Gym may not assign this Agreement without Peak Beyond’s consent except in connection with a sale of substantially all of the Gym’s business where the successor assumes the Agreement. Peak Beyond may assign this Agreement to an affiliate or successor to the NinjaHQ business.

Neither Party is responsible for delay caused by events beyond reasonable control. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder remains effective. Failure to enforce a provision is not a waiver.

This Agreement, Part B and applicable Order Forms are the entire agreement concerning NinjaHQ. If Part A and Part B conflict regarding Customer Data, Part B controls. Electronic acceptance and electronic delivery are effective.

Formal notices to Peak Beyond must be sent to Peak Beyond, LLC, 435 Merchant Walk Square, Suite 300-132, Charlottesville, VA 22902, with a copy to info@peakbeyond.com. Notices to the Gym may be sent to the owner or administrative email addresses maintained in NinjaHQ.

Part B: NinjaHQ Data Processing Addendum

This Data Processing Addendum (“DPA”) applies whenever Peak Beyond processes Customer Data through NinjaHQ on behalf of the Gym. Terms such as controller, processor, business, service provider, personal data, processing and data subject have the meanings given by applicable privacy law.

1. Roles

The Gym is the controller or business of Customer Data and Peak Beyond is the processor or service provider. Each Party will comply with privacy laws applicable to its role.

2. Gym Instructions

Peak Beyond will process Customer Data only to provide, secure, support and maintain NinjaHQ, as the Gym instructs through its settings and use of the Platform, and as required by law.

Peak Beyond will not sell Customer Data, share it for cross-context behavioral advertising, use it for Peak Beyond’s unrelated marketing, or retain, use or disclose it outside the direct business relationship with the Gym except as permitted by applicable law.

3. Processing Details

Data subjects may include the Gym’s customers, athletes (including minors registered by a parent or guardian), waiver participants, people who contact the Gym and Gym staff.

Customer Data may include names, email addresses, phone numbers, athlete division, gender and league identifiers, parent or guardian information, registration and order records, membership records and payment status (not payment-card numbers), signed waivers and signature images, dates of birth, emergency contacts, answers to Gym waiver questions (which may include health-related information selected by the Gym), optional kiosk photos, website messages and visit statistics.

Purpose: operating the Gym’s NinjaHQ website and back office, processing registrations and waivers, supporting memberships and events, and sending the Gym’s notices.

Duration: the term of the Agreement and the post-termination periods stated in Part A, subject to Platform retention settings and applicable law.

4. Personnel

Peak Beyond will limit access to Customer Data to personnel and contractors who need access to provide, secure or support NinjaHQ and who are subject to appropriate confidentiality obligations. Support access to a Gym environment may be logged.

5. Security Measures

Peak Beyond will maintain reasonable technical and organizational measures appropriate to NinjaHQ, including: logical separation between Gym environments; encryption in transit; encryption or equivalent protection for sensitive stored waiver records and backups where supported by the production architecture; passwordless or comparable secure authentication controls; session protection and rate limiting; operational or administrative audit records; regular backups; and restrictions on unauthorized advertising or tracking code controlled by Peak Beyond.

Peak Beyond may change specific security measures provided the overall level of protection is not materially reduced.

6. Subprocessors

The Gym authorizes Peak Beyond to use subprocessors to operate NinjaHQ. Current core subprocessors include:

Stripe processes payments under the Gym’s own agreement with Stripe and is not Peak Beyond’s payment subprocessor for card processing.

Peak Beyond may add or replace subprocessors and will provide reasonable notice of a material change through NinjaHQ, email or an updated subprocessor list. If the Gym reasonably objects on documented data-protection grounds and the Parties cannot resolve the issue, the Gym may terminate the affected NinjaHQ service.

7. Individual Requests

NinjaHQ may provide tools for the Gym to export, correct and delete Customer Data and record privacy requests. If Peak Beyond receives a request directly from an individual concerning Gym-controlled Customer Data, Peak Beyond will refer the request to the Gym and provide reasonable assistance where the Platform tools are insufficient.

8. Security Incidents

If Peak Beyond confirms unauthorized access to, disclosure of, alteration of or loss of Customer Data for which notification is required, Peak Beyond will notify the Gym without undue delay and, where feasible, within seventy-two (72) hours after confirmation, provide information reasonably available about the incident and update the Gym as material information becomes available. The Gym is responsible for determining and making notifications to individuals or regulators except to the extent applicable law assigns that obligation to Peak Beyond.

9. Return and Deletion

The Gym may export Customer Data using available NinjaHQ tools during the term. Following termination, Peak Beyond will make supported Customer Data available for export and delete it according to Part A, Section 17, subject to legal obligations and normal backup expiration.

10. Information and Security Questions

Peak Beyond will provide information reasonably necessary to demonstrate its obligations under this DPA and will respond to reasonable written security questionnaires no more than once per year, unless a security incident affecting the Gym or a material change to NinjaHQ reasonably requires additional information.

11. Location and International Use

Customer Data is stored and processed in the United States unless Peak Beyond states otherwise. If the Gym requires a legally mandated international transfer mechanism for its use of NinjaHQ, the Parties will address the applicable mechanism before the relevant transfer.

12. Children

NinjaHQ is designed for adults, including parents and guardians, to register and sign for minors. The Gym is responsible for obtaining parental or guardian consent where required and for configuring its practices so that children are not invited to submit personal data directly where prohibited by applicable law.

13. Liability

Each Party’s liability under this DPA is subject to the limitations in Part A, Section 15, to the maximum extent permitted by law.

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Open points for counsel (not part of the agreement)

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Version 2026-10-05 · status: published · SHA-256 of the agreement text: 24b1d1ce8169ce4b001f4e930754ecdf0322aded0da4c263468a2f6871d98779

How acceptance works on the platform: an owner of the gym reads this text in the back office, enters their full name and title, ticks two boxes (authority to bind the gym; has read and agrees), and presses Accept. The platform records the gym, the person's sign-in email, name and title, the time, IP address, device, the version and the SHA-256 fingerprint above, and emails a copy to the owner and to NinjaHQ. Until an owner accepts the current version, the gym's staff cannot use the back office; the public website is not affected. A new version asks for a new acceptance.