Terms & Conditions

1. Definitions

In these Terms & Conditions, the following terms shall have the meanings set forth below:

• "Platform" or "Service" refers to Gym Pro Max, a cloud-based gym management software-as-a-service (SaaS) platform operated by SF WebSolutions Private Limited.
• "User" refers to any individual or entity that accesses or uses the Platform, including but not limited to Gym Owners, Administrators, Staff Members, and End Users.
• "Gym Owner" refers to the business entity or individual that subscribes to the Platform and is responsible for managing one or more gym locations.
• "Admin" or "Administrator" refers to the SaaS platform administrator who manages tenant accounts and platform-wide operations.
• "Account" refers to the user account created on the Platform for accessing and using the Service.
• "Content" refers to all data, information, text, graphics, and other materials uploaded, stored, or transmitted through the Platform.
• "Subscription" refers to the paid access plan selected by the Gym Owner for using the Platform.

2. Acceptance of Terms

By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, our Privacy Policy, and our Cancellation and Refund Policy. If you do not agree to these terms, you must not use the Platform.

These Terms constitute a legally binding agreement between you and SF WebSolutions Private Limited, a company incorporated under the Companies Act, 2013, with its registered office in India.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Platform. By registering, you represent and warrant that:

• You are of legal age in your jurisdiction to form a binding contract.
• You have the authority to bind your organization (if registering on behalf of a business).
• All information provided during registration is accurate, current, and complete.
• You will maintain and update your account information to keep it accurate.

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 and not share it with others.
• Notify us immediately of any unauthorized access or security breach.
• Accept responsibility for all activities that occur under your account.
• Log out of your account when using shared or public devices.

4. Software Usage and Service Scope

4.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business operations during your active subscription period.

4.2 Service Features

The Platform provides features including but not limited to:

• Member management and registration
• Membership package and pricing management
• Payment processing and invoicing
• Attendance tracking and reporting
• Staff and trainer management
• Multi-location support
• Biometric device integration
• Analytics and reporting tools
• Role-based access control

We reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.

4.3 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted or error-free service. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

5. User Responsibilities

You agree to:

• Use the Platform only for lawful purposes and in accordance with these Terms.
• Comply with all applicable laws, regulations, and industry standards in India and your jurisdiction.
• Obtain necessary consents and permissions before uploading personal data of members or staff.
• Maintain accurate records and data within the Platform.
• Back up your data regularly (we recommend exporting critical data periodically).
• Use the Platform in a manner that does not infringe upon the rights of others.
• Notify us promptly of any errors, bugs, or security vulnerabilities you discover.

6. Prohibited Activities

You are strictly prohibited from:

• Reverse engineering, decompiling, or attempting to extract the source code of the Platform.
• Attempting to gain unauthorized access to the Platform, other accounts, or our systems.
• Uploading, transmitting, or storing malicious code, viruses, or harmful software.
• Using the Platform to violate any law, regulation, or third-party rights.
• Impersonating another person or entity or providing false information.
• Reselling, sublicensing, or redistributing access to the Platform without our written consent.
• Scraping, crawling, or using automated tools to access the Platform beyond normal usage.
• Interfering with or disrupting the Platform's servers, networks, or security measures.
• Using the Platform to send spam, unsolicited messages, or engage in phishing activities.
• Storing or processing data that violates privacy laws or contains sensitive personal information without proper consent.

Violation of these prohibitions may result in immediate termination of your account and legal action.

7. Intellectual Property Rights

7.1 Platform Ownership

The Platform, including all software, code, designs, graphics, logos, trademarks, and content (except User Content), is owned by SF WebSolutions Private Limited and is protected by Indian copyright, trademark, and other intellectual property laws.

7.2 User Content

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

7.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without obligation or compensation to you.

8. Payment Terms

8.1 Subscription Fees

Access to the Platform requires payment of subscription fees as specified in your selected plan. Fees are billed in advance on a monthly or annual basis, as chosen during registration.

8.2 Payment Methods

We accept payments through credit/debit cards, net banking, UPI, and other payment methods as available on our payment gateway. All payments are processed securely through third-party payment processors.

8.3 Price Changes

We reserve the right to modify subscription prices with 30 days' prior notice. Price changes will apply to your next billing cycle unless you cancel your subscription before the change takes effect.

8.4 Taxes

All fees are exclusive of applicable taxes (GST, service tax, etc.) as per Indian tax laws. You are responsible for paying all taxes associated with your subscription.

8.5 Refunds

Refund policies are detailed in our Cancellation and Refund Policy. Generally, subscription fees are non-refundable except as specified in that policy.

9. Data Privacy and Security

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which complies with the Information Technology Act, 2000, and applicable data protection regulations in India.

We implement industry-standard security measures to protect your data, including encryption, secure servers, and access controls. However, no system is 100% secure, and you acknowledge that you use the Platform at your own risk.

10. Limitation of Liability

10.1 Disclaimer of Warranties

THE PLATFORM IS 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, OR NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW, SF WEBSOLUTIONS PRIVATE LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.

Our total liability for any claims arising from these Terms or your use of the Platform shall not exceed the amount you paid us in the 12 months preceding the claim.

10.3 Third-Party Services

The Platform may integrate with third-party services (payment gateways, biometric devices, email services). We are not responsible for the availability, functionality, or terms of such third-party services.

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period, and you will retain access until that date.

11.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or any applicable law.
• Fail to pay subscription fees when due.
• Engage in fraudulent or harmful activities.
• Breach our security policies.

11.3 Effect of Termination

Upon termination, your access to the Platform will cease, and we may delete your account and data after a 30-day grace period. You are responsible for exporting your data before termination.

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 conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana, India.

12.3 Dispute Resolution

In the event of any dispute, the parties agree to first attempt to resolve the matter through good faith negotiation. If negotiation fails, disputes shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 2015, by a sole arbitrator appointed by mutual consent or by the competent court in Hyderabad.

13. Policy Updates

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through a notice on the Platform at least 30 days before they take effect. Your continued use of the Platform after such notice constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must cancel your subscription and stop using the Platform.

14. Contact Information

For questions, concerns, or legal notices regarding these Terms, please contact us at:

15. 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.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cancellation and Refund Policy, constitute the entire agreement between you and SF WebSolutions Private Limited regarding your use of the Platform and supersede all prior agreements and understandings.