Terms of Service
Last Updated: January 23, 2025
1. Agreement to Terms
By accessing or using GymFlow Pro ("Service", "Platform", "Software"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.
GymFlow Pro is a fitness studio management platform operated by GymFlow Technologies, LLC ("Company", "we", "us", or "our"). The Service provides tools for managing gym memberships, class schedules, payments, and related fitness studio operations.
2. Description of Service
GymFlow Pro is a SaaS (Software as a Service) platform that provides:
- Member management and registration
- Class scheduling and booking
- Payment processing and subscription management
- Staff and trainer management
- Equipment tracking and maintenance logging
- Analytics and reporting
- Automated email notifications
- Room and facility management
The Service is provided on a subscription basis with different pricing tiers offering varying features and capabilities.
3. User Accounts
3.1 Account Creation
To use the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password
- Accept all responsibility for activities under your account
- Notify us immediately of any unauthorized use
3.2 Account Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use this Service. By using the Service, you represent and warrant that you meet these requirements.
3.3 Business Accounts
If you register an account on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
4. Subscription and Payment Terms
4.1 Subscription Plans
We offer various subscription plans with different features and pricing. Current plans include:
- Starter: $49/month - Basic features for small studios
- Professional: $99/month - Advanced features with email automation
- Enterprise: $199/month - Full feature suite with priority support
4.2 Billing
Subscriptions are billed in advance on a monthly or annual basis. You authorize us to charge your payment method on file. All fees are non-refundable except as required by law or as explicitly stated in our Refund Policy.
4.3 Price Changes
We reserve the right to modify our pricing. Price changes will be communicated at least 30 days in advance. Continued use of the Service after price changes constitutes acceptance of the new pricing.
4.4 Free Trial
We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends. No charges will be made during the trial period.
5. Acceptable Use
You agree NOT to:
- Use the Service for any illegal purpose or in violation of any laws
- Violate the intellectual property rights of others
- Upload or transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to the Service or related systems
- Interfere with or disrupt the Service or servers
- Use automated systems (bots, scrapers) without written permission
- Resell, sublicense, or redistribute the Service
- Remove or modify any copyright, trademark, or proprietary notices
- Reverse engineer, decompile, or disassemble the Service
6. Intellectual Property
6.1 Our Property
The Service, including all content, features, functionality, software, text, displays, images, and design, is owned by the Company and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 Your Data
You retain all rights to the data you input into the Service ("Customer Data"). You grant us a limited license to use, store, and process your Customer Data solely to provide the Service to you. We will not use your Customer Data for any other purpose without your explicit consent.
6.3 Feedback
If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation or compensation to you.
7. Data Privacy and Security
Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.
We implement industry-standard security measures to protect your data, including encryption, secure servers, and regular security audits. However, no method of transmission over the Internet is 100% secure.
8. Service Availability and Support
8.1 Uptime
We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.
8.2 Maintenance
We reserve the right to perform scheduled maintenance with advance notice and emergency maintenance as needed.
8.3 Support
Support is provided via email and in-app messaging during business hours (Monday-Friday, 9 AM - 5 PM EST). Enterprise plan subscribers receive priority support with faster response times.
9. Termination
9.1 Termination by You
You may cancel your subscription at any time from your account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access until that date.
9.2 Termination by Us
We may suspend or terminate your account if:
- You breach these Terms
- Your payment fails or your account is past due
- We are required to do so by law
- Your use of the Service poses a security risk
9.3 Effect of Termination
Upon termination, your access will cease immediately. You have 30 days to export your data after termination. After 30 days, we may permanently delete your data from our systems.
10. Disclaimers and Limitation of Liability
10.1 Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company 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 Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your Customer Data
12. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or through the Service at least 30 days before the changes take effect.
Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree with the changes, you must cancel your subscription.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and the Company.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
15. Contact Information
If you have questions about these Terms, please contact us:
GymFlow Technologies, LLC
Email: legal@gymflowpro.com
Address: 1234 Fitness Boulevard, Suite 500, Wilmington, DE 19801
Website: https://gymflow.other10.com