Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Gymsly Inc. ("Gymsly," "we," "us," or "our") governing your access to and use of the Gymsly website at https://gymsly.fit and our gym management software services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our Services.

2. Account Registration

2.1 Account Creation

To use certain features of our Services, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

2.2 Age Requirement

You must be at least 18 years old to create an account and use our Services. By creating an account, you represent that you meet this age requirement.

2.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms or engage in conduct we deem harmful to our Services or other users.

3. Subscription and Billing

3.1 Pricing

Our Services are offered on a subscription basis with various pricing tiers. Current pricing is available on our pricing page. We reserve the right to modify our pricing with notice.

3.2 Free Trial

We offer a 14-day free trial for new accounts. No credit card is required for the trial. At the end of the trial period, you must choose a paid plan to continue using the Services.

3.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your chosen plan. Your subscription will automatically renew at the end of each billing cycle unless you cancel.

3.4 Payment Methods

You agree to provide current, complete, and accurate payment information. We use secure third-party payment processors to handle all transactions.

3.5 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing cycle. We do not provide refunds for partial months or years, except as required by law.

3.6 Failed Payments

If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your access to the Services.

4. Acceptable Use

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You are responsible for your use of the Services and any data you provide.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use automated tools to access the Services (without permission)
• Resell or redistribute the Services
• Use the Services for spam or unsolicited communications
• Impersonate others or provide false information
• Collect data about other users without consent

5. Intellectual Property Rights

5.1 Our Rights

The Services, including all content, features, and functionality, are owned by Gymsly and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

5.2 Your Data

You retain all rights to any data, content, or materials you upload to the Services ("Your Data"). By using the Services, you grant us a limited license to use Your Data solely to provide and improve the Services.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us the right to use such feedback without any obligation to you.

6. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

You are responsible for ensuring that you have the necessary rights and permissions to upload any data to the Services, including personal data of your gym members.

You agree to comply with all applicable data protection laws and regulations when using our Services.

7. Service Availability and Changes

7.1 Availability

We strive to provide reliable Services, but we cannot guarantee uninterrupted access. The Services may be unavailable due to maintenance, updates, or circumstances beyond our control.

7.2 Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with or without notice.

7.3 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Services. Your continued use of the Services after changes constitutes acceptance of the new Terms.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services will meet your specific requirements

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GYMSLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gymsly and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.

11. Dispute Resolution

11.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

11.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

11.3 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and not as part of any class or representative action.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Gymsly regarding the Services.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

If you have questions about these Terms, please contact us: