Terms of Service for Organised Gym

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Organised Gym ("Company," "we," "us," or "our") governing your access to and use of our gym management platform, including our website, mobile applications, software, and related services (collectively, the "Service").

By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all users, including gym owners, administrators, staff members, and any other individuals who access or use the Service.

2. Description of Service

Organised Gym provides a comprehensive Software-as-a-Service (SaaS) platform designed to help gym owners and fitness facilities manage their operations. Our Service includes, but is not limited to:

• QR-based attendance tracking and management
• Fee collection and payment processing
• Member registration and profile management
• Staff management and scheduling
• Push notification services
• Feedback and complaint management systems
• Workout record tracking
• AI-powered diet planning and recommendations
• Reporting and analytics tools
• Mobile applications for iOS and Android

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, at our sole discretion.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:

• Use a strong, unique password
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized access or use of your account
• Accept responsibility for all activities that occur under your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, if you violate these Terms or engage in any fraudulent, illegal, or harmful activity.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon the intellectual property rights of others
• Transmit any malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to collect or store personal data about other users without their consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Service for any commercial purpose not expressly permitted by us
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use automated systems or bots to access the Service without our prior written consent
• Engage in any activity that could harm our reputation or the reputation of other users

5. User Content and Data

5.1 Ownership

You retain ownership of all content and data you upload, create, or submit through the Service ("User Content"). However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service.

5.2 Responsibility

You are solely responsible for your User Content and warrant that:

• You have the right to submit such content
• Your content does not violate any third-party rights
• Your content is accurate and not misleading
• Your content complies with all applicable laws and regulations

5.3 Data Protection

You are responsible for ensuring that you have obtained all necessary consents and authorizations before uploading personal information of members, staff, or other individuals to the Service. You must comply with all applicable data protection laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.

6. Payment Terms

6.1 Subscription Fees

Access to certain features of the Service requires payment of subscription fees. We offer various pricing plans based on the number of members and features selected. All fees are stated in Indian Rupees (INR) and are exclusive of applicable taxes.

6.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, as selected by you. You agree to pay all fees associated with your subscription plan. Fees are non-refundable except as required by law or as expressly stated in these Terms.

6.3 Payment Processing

Payments are processed through third-party payment processors. By providing payment information, you authorize us and our payment processors to charge your chosen payment method for all fees due.

6.4 Price Changes

We reserve the right to modify our pricing at any time. Price changes will be communicated to you at least 30 days in advance and will apply to your next billing cycle unless you cancel your subscription before the change takes effect.

6.5 Refunds

Refunds are provided at our sole discretion or as required by applicable law. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period.

7. Intellectual Property

The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by Organised Gym and is protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms.

8. Disclaimers and Warranties

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

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or other harmful components
• The results obtained from using the Service will meet your requirements

We disclaim all responsibility for any harm resulting from your use of the Service or reliance on any information provided through the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORGANISED GYM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or one hundred Indian Rupees (₹100), whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Organised Gym and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Any activity related to your account

11. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in the Service. We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and User Content
• All outstanding fees remain due and payable
• Provisions that by their nature should survive termination will remain in effect

12. Governing Law and Dispute Resolution

12.1 Governing Law

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

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If such negotiations fail, disputes shall be subject to the exclusive jurisdiction of the courts located in [Your City], India.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Organised Gym regarding your use of the Service and supersede all prior agreements and understandings.

16. Contact Information

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