Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("Customer", "you") and GymSense Technologies ("GymSense", "we", "us"). By registering for a free trial, subscribing to, or using the GymSense platform, you agree to be bound by these Terms. If you do not agree, do not use the service.

2. The Service

GymSense provides a cloud-based gym management platform that includes member management, QR-based check-ins, payment tracking, trainer scheduling, and automated reminders ("Service"). The Service is provided on a subscription basis.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.

3. Free Trial

We offer a free trial period to allow you to evaluate the Service. No credit card is required to start a trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service. We reserve the right to modify or terminate the free trial offer at any time.

4. Subscriptions and Billing

• Subscriptions are billed monthly in advance. The current price is ₹999/month for early adopters, subject to change with 30 days' notice.
• Payments are non-refundable except as described in our Refund Policy.
• If a payment fails, we will attempt to retry. If payment remains outstanding for more than 7 days, your account may be suspended.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

5. Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@gymsense.in if you suspect unauthorised access.

You must provide accurate and complete information when registering. You may not share your account credentials with third parties or use the Service on behalf of a competitor.

6. Your Data and Content

You retain ownership of all data you upload to the platform, including gym member information ("Customer Data"). You grant us a limited licence to store and process Customer Data solely to provide the Service.

You are responsible for ensuring you have the legal right to collect and upload gym member data, and that you have obtained any necessary consents from your members under applicable law, including the DPDPA 2023.

Upon account termination, you may request an export of your data within 30 days. After that period, data will be permanently deleted.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Upload malicious code, viruses, or any content that could harm the platform.
• Attempt to gain unauthorised access to any part of the Service or its infrastructure.
• Resell, sublicense, or otherwise commercialise the Service without our written consent.
• Use the Service to send unsolicited communications (spam).
• Reverse engineer, decompile, or disassemble any part of the Service.

8. Intellectual Property

The GymSense platform, including its software, design, trademarks, and content, is owned by GymSense Technologies and protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property other than the limited right to use the Service as described herein.

9. Limitation of Liability

To the maximum extent permitted by law, GymSense shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service.

Our total aggregate liability to you for any claim arising under these Terms shall not exceed the amount you paid us in the three months preceding the claim.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We make no warranty regarding the accuracy or reliability of any information obtained through the Service.

11. Termination

Either party may terminate these Terms at any time. We may suspend or terminate your account immediately if you breach these Terms, fail to pay, or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately.

12. Governing Law and Disputes

These Terms are governed by the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India. We encourage you to contact us first to resolve any dispute amicably.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact