PlaceGap Terms of Service

Effective Date: March 1, 2026  ·  Last Updated: September 12, 2026

1. Agreement to Terms

By checking the acceptance box when you create an account, by clicking a button indicating acceptance, or by otherwise accessing or using the PlaceGap platform (the "Service"), operated by PlaceGap LLC, a Texas limited liability company ("PlaceGap," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, do not create an account and do not use the Service.

You must be at least 18 years old. If you are accepting on behalf of a company or other organization, you represent that you have authority to bind it, and "you" means that organization.

The Service is offered solely to business users located in the United States. Our data covers the United States only, and we store and process information in the United States.

These Terms apply to all users, including free-tier users, paid subscribers, and visitors to our website at placegap.com.

2. Description of Service

PlaceGap is a location intelligence platform for the fitness industry. The Service provides demographic analysis, competitive landscape data, demand scoring, and market gap identification to help users evaluate locations for fitness businesses.

The Service uses data from public and licensed third-party sources, currently including the U.S. Census Bureau, Google Maps Platform, and Mapbox. We process and score this data using proprietary models. The providers we rely on are listed in our Privacy Policy, which we update as they change. Some plain-English summaries in the Service are drafted by a language model from the underlying figures; they are convenience, and the figures they describe are what matters.

Third-party providers

Your use of the Service is additionally subject to the terms of the providers behind it. In particular, the Service uses Google Maps and Google Places, so by using the Service you also agree to the Google Maps/Google Earth Additional Terms of Service and acknowledge the Google Privacy Policy. You may not extract, cache, store, copy, or redistribute Google content except as those terms permit, and you may not use it independently of the Service. Payment processing is provided by Stripe and is subject to Stripe's terms.

Third-party providers are not parties to these Terms, make no warranties to you, and have no liability to you in connection with the Service.

3. Account Registration

To access most features, you must create an account with a valid email address and password. You are responsible for:

  • Keeping your login credentials secure
  • All activity that occurs under your account
  • Notifying us immediately at [email protected] if you suspect unauthorized access

You may not create multiple free accounts to circumvent usage limits. We reserve the right to suspend accounts that violate this provision.

4. Free Tier and Paid Subscriptions

Free Tier

New accounts receive a 7-day trial with full access to all features in all markets, with no payment method required. The trial does not convert into a paid subscription: we take no card, nothing is charged when it ends, and you are not enrolled in anything. After the trial ends, free accounts keep access to Explore and Gap Finder nationwide. Portfolio, Market DNA, and Brand Intelligence require a Pro subscription. Free accounts require registration but no payment.

Pro, Operator, and Enterprise Plans

Pro is available as a self-serve subscription and unlocks nationwide access and additional features as described on our Pricing page. Operator and Enterprise plans are arranged directly with us. Subscription details:

  • Pro is billed monthly or annually, depending on the option you select
  • Payments are processed by Stripe. By subscribing, you also agree to Stripe's terms of service.
  • Subscriptions auto-renew unless canceled before the next billing date
  • You may cancel at any time from the billing portal, reachable from Manage billing in your account menu. Cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then.

Refunds

  • Monthly subscriptions: we do not provide prorated refunds for partial billing periods. You keep access through the period you paid for.
  • Annual subscriptions, first purchase: if you are not satisfied, contact us within 30 days of your first annual payment and we will refund it in full.
  • Annual renewals: renewal payments are not refundable. Before your subscription renews, we email you a reminder so you can cancel first.

Price Changes

We may change subscription pricing with 30 days' notice. Price changes apply at the start of your next billing cycle after the notice period. If you do not agree with a price change, you may cancel before it takes effect.

Taxes

Prices are exclusive of taxes. You are responsible for sales, use, excise, and similar taxes on your subscription, except taxes based on our net income. Where we are required to collect such taxes, they are added at checkout. If you are exempt, send us a valid exemption certificate before your first charge.

If a Payment Fails

If a renewal payment fails, we will retry it over the following two weeks. If it still has not succeeded, your subscription is cancelled and paid access ends. Your access continues during the retry period.

Which Document Controls

If you have signed an order form or a separate agreement with us, and something in it conflicts with these Terms, the order comes first, then the separate agreement, then these Terms, then any policy referenced in them.

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to reverse-engineer, scrape, or systematically extract data from the Service
  • Use automated tools (bots, scrapers, crawlers) to access the Service without our written permission
  • Resell, redistribute, or sublicense data or reports from the Service without a commercial agreement
  • Interfere with the Service's infrastructure or other users' access
  • Misrepresent your identity or affiliation when creating an account
  • Use the Service, any data in it, or any report, score, export, or other output ("Outputs") to train, fine-tune, validate, or otherwise develop any machine learning model, artificial intelligence system, or algorithm
  • Use the Service or Outputs to design, develop, benchmark, or market anything that competes with the Service, or access it on behalf of a competitor
  • Attempt to re-identify any individual, household, or device from data in the Service

The machine learning restriction is about model development. It does not stop you using ordinary productivity or assistant tools in the normal course of your own work, provided you are not training a model on Outputs.

Non-Discriminatory Use

You may not use the Service or any Output to make, or as a factor in making, any decision about credit, housing, insurance, employment, or public accommodation that discriminates against any individual or group on the basis of race, color, religion, sex, national origin, familial status, disability, age, or any other characteristic protected under federal, state, or local law, including the Fair Housing Act, the Equal Credit Opportunity Act, and Title VII of the Civil Rights Act.

We reserve the right to suspend or terminate accounts that violate these terms, with or without notice.

6. Intellectual Property

Our IP

The Service, including its design, algorithms, scoring methodology, and original content, is owned by PlaceGap LLC and protected by applicable intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes.

Your Data

You retain ownership of any data you input into the Service (saved locations, notes, labels). We do not claim ownership of your inputs.

You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to use your data solely in aggregated and de-identified form ("Aggregate Data"), to operate, secure, analyse, and improve the Service and to develop new features.

Aggregate Data will not identify you, your account, or your business, and will not be presented in a way that allows you to be identified. We maintain reasonable technical safeguards against re-identification, we will not attempt to re-identify Aggregate Data, and we require anyone who receives it to accept the same restrictions.

Feedback

If you send us suggestions, ideas, or feature requests, we may use them for any purpose without attribution, compensation, or obligation to you. Feedback is not your confidential information.

Reports and Exports

Reports and exports generated by the Service may be used for your internal business purposes, shared with your advisors and partners, and included in business plans or presentations. You may not resell reports from the Service as a standalone product or service.

7. Data Accuracy and Disclaimers

The Service provides analysis, not guarantees.

The Service aggregates and scores data from third-party sources. While we make reasonable efforts to ensure accuracy:

  • We do not guarantee that any data point is complete, current, or error-free
  • Demand scores, revenue estimates, and market projections are analytical models, not predictions of actual results
  • Demographic data reflects the most recent U.S. Census American Community Survey release and may not reflect real-time population changes
  • Competitor data is sourced from Google Places and may not include every business in a given area
  • Business decisions based on data from the Service are made at your own risk

You should not rely solely on data from the Service for major financial decisions. We recommend combining our analysis with your own research, site visits, and professional advisors (real estate brokers, financial advisors, attorneys) before signing a lease or making a significant investment.

Not a Consumer Report

PlaceGap is not a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), and Outputs are not consumer reports. You may not use the Service or any Output, in whole or in part, as a factor in establishing an individual's eligibility for credit or insurance, for employment purposes, for tenant screening, for housing decisions, or for any other purpose governed by the FCRA or a comparable state law.

Not Professional Advice

PlaceGap is not a licensed real estate broker, investment adviser, appraiser, attorney, or accountant, and nothing in the Service is real estate brokerage, investment, appraisal, legal, tax, or accounting advice. Outputs are analytical estimates produced by statistical models. They are not predictions of, and do not guarantee, any actual result.

8. Disclaimer of Warranties and Limitation of Liability

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLACEGAP DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PLACEGAP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY DATA OR OUTPUT WILL BE ACCURATE, COMPLETE, OR CURRENT, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED.

To the maximum extent permitted by law:

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
  • Our total liability for any claim arising from or related to the Service is limited to the amount you paid us in the 90 days preceding the claim.
  • We are not liable for decisions you make based on data or analysis provided by the Service, including but not limited to lease agreements, business investments, or financial commitments.

What the Cap Does Not Cover

The limits above do not apply to: your obligations under Section 9 (Indemnification); your breach of Section 5 (Acceptable Use) or Section 6 (Intellectual Property); either party's breach of its confidentiality obligations; your obligation to pay fees due; or either party's gross negligence, willful misconduct, or fraud. Nothing in these Terms excludes any liability that cannot be excluded under applicable law.

9. Indemnification

You agree to indemnify and hold harmless PlaceGap, its officers, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third party's rights
  • Business decisions made using data from the Service

10. Service Availability

We aim to keep the Service available 24/7 but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or reasons beyond our control. We are not liable for any downtime or service interruptions.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. If we discontinue the Service entirely, we will provide at least 30 days' notice and offer prorated refunds for unused subscription time.

Beta and Early-Access Features

We may label a feature beta, preview, or early access. Those are provided as is, are not covered by any availability commitment, and may change or be withdrawn at any time.

11. Termination

By you:

You may close your account at any time by contacting us at [email protected]. Cancellation of a paid subscription takes effect at the end of the current billing period.

By us:

We may suspend or terminate your account if you violate these Terms, engage in abusive behavior, or for any reason with 30 days' notice. In cases of serious violations (fraud, data scraping, security threats), we may terminate immediately without notice.

Upon termination, your right to use the Service ceases. We will delete your personal data in accordance with our Privacy Policy.

What survives:

Sections 5 (Acceptable Use), 6 (Intellectual Property), 7 (Data Accuracy and Disclaimers), 8 (Disclaimer of Warranties and Limitation of Liability), 9 (Indemnification), 12 (Governing Law and Disputes), and any other provision that by its nature should survive, continue to apply after termination.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Dallas County, Texas. You and PlaceGap each waive the right to a jury trial and the right to participate in a class action.

For disputes under $10,000, arbitration will be conducted online or by phone unless either party requests an in-person hearing.

Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction for intellectual property violations or data security breaches.

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 by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance. If you do not agree with updated Terms, you may close your account before they take effect.

14. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

15. General

Entire Agreement

These Terms, together with our Privacy Policy and any order form or separate agreement, constitute the entire agreement between you and PlaceGap regarding the Service. They supersede any prior agreements or communications. Section 4 says which document controls if they conflict.

Confidentiality

Each party may receive information the other treats as confidential. We will not disclose your non-public business information, including your saved locations and portfolio, except to people who need it to run the Service and are bound to keep it confidential, or where the law requires. You will not disclose our non-public information, including our scoring methodology and anything in the Service not publicly available. Neither obligation covers information that is public through no fault of the receiving party, was already known to it, or is independently developed without using the other's information.

Assignment

You may not assign or transfer these Terms without our written consent, and any attempt to do so is void. We may assign them without consent to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets.

Notices

We may give you notice by email to the address on your account, by a message inside the Service, or by posting on placegap.com. Keep your email address current: email notice is effective when sent. Notices to us go to [email protected] and to our address in Section 16.

Force Majeure

Neither party is liable for any failure or delay, other than an obligation to pay money, caused by events beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, labour disputes, government action, internet or utility failure, or the failure or degradation of a third-party service or data provider.

Export Controls and Government Users

You may not use or export the Service in violation of U.S. export control or sanctions laws, and you represent that you are not located in an embargoed country or on a restricted-party list. If you are a U.S. government entity, the Service is "commercial computer software" and your rights are only those granted in these Terms.

16. Contact Us

Questions about these Terms? Email us at [email protected]. For legal notices, email [email protected] or write to us at the address below.

PlaceGap LLC
5900 Balcones Drive, Ste 100

Austin, TX 78731

United States