Boulder marketing firms sues fitness-app firm for non-payment

BOULDER — A Boulder-based digital-marketing and advertising firm filed suit this week against Canadian fitness-application developer Plankk Technologies Inc., alleging that the company failed to pay for services rendered.

IMM LLC entered into a contract with Plankk in December 2018, which at the time was doing business as Global Fitness Creative Inc., for “analytics services, casual attribution services, analytic software components, tracking technology, and support such as data storage, data reprocessing, and software updates, as well as other services,” according to a complaint filed in U.S. District Court in Denver.

According to the contract, which was allegedly signed by Plankk founder Colin Szopa, payment was to be provided within 15 days of the services rendered, court documents show.

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When IMM attempted to collect payment for those services, “Plankk has gone silent, apparently believing that its contractual obligations will cease if it ignores IMM for long enough,” the suit alleges.

The parties went back and forth about the unpaid invoices through this spring and early summer, according to court documents. Partial payment was made in April, but communication between the firms ceased in July.

IMM says that it has suffered more than $150,000 in damages, according to the complaint. The suit demands payment of outstanding invoices, accrued interest and attorneys fees.

“Had IMM known that Plankk did not intend to honor its obligations, IMM never would have entered into the agreement,” the filing said.

Representatives for Plankk and IMM did not respond Tuesday morning to requests for comment.