Terms and Conditions

These Terms and Conditions (the “Agreement”) are entered into between you (the “User”, “Customer”, “Gym”, or “you”) and Finegym LLC (“Finegym”, “we”, “us”, or “our”), a Wyoming-registered limited liability company. By accessing or using the Finegym platform and associated services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by this Agreement.

If you do not agree with any provision of these Terms, you must immediately discontinue use of the Services.

1. Introduction

This Agreement governs the use of the Finegym gym management software-as-a-service (SaaS) platform, which includes a web-based administrative portal and mobile applications provided to gyms and their members. These Terms form a legally binding agreement between you and Finegym governing your use of all aspects of the Service.

By registering an account, purchasing a subscription, or accessing the platform in any manner, you agree to comply with these Terms and all applicable laws and regulations. This Agreement also incorporates by reference our Privacy Policy, Refund Policy, Cookie Policy, and Copyright Notice.

2. Definitions

For the purposes of this Agreement:

• “Finegym” refers to the Finegym LLC platform and services.
• “Gym” refers to a business entity subscribing to Finegym’s Services.
• “Member” means an end-user or gym member who interacts with the gym via the Finegym mobile application.
• “Services” means the software features provided via Finegym’s web and mobile applications.
• “Subscription” means a paid plan based on active member tiers for accessing the Finegym platform.
• “Third-party Providers” refers to external services integrated with Finegym, such as Stripe, Google Analytics, Freshdesk, and others.

3. Eligibility and User Accounts

To use the Services, you must:

• Be at least 18 years old or the age of majority in your jurisdiction;
• Have the legal capacity to enter into binding contracts;
• Provide accurate and complete registration information;
• Maintain confidentiality of your account credentials.

You are solely responsible for all activities conducted under your account, including any use by your employees, staff, or gym members. You agree to notify Finegym immediately of any unauthorized use or security breach of your account.

Finegym reserves the right to refuse service, terminate accounts, or restrict access at its sole discretion if these Terms are violated.

4. Service Overview

Finegym is a cloud-based platform enabling gyms to streamline operational workflows through software tools. Key components include:

• Member and membership plan management;
• Class and session scheduling and bookings;
• Payment tracking and invoicing (integrated with Stripe);
• Staff role and permission controls;
• Document management (e.g., waivers, terms, privacy consents);
• Analytics and attendance reporting;
• Mobile app access for members.

Finegym acts strictly as a technical enabler. We do not control or participate in gym operations, member communications, or any contractual terms gyms create with their members.

Finegym does not guarantee any specific uptime or service level agreement (SLA).

5. Account Responsibilities and Security

You agree to:

• Maintain accurate and up-to-date information;
• Use reasonable efforts to protect your passwords and authentication credentials;
• Refrain from sharing login details outside authorized users;
• Be fully responsible for the acts and omissions of users linked to your gym account.

If you suspect unauthorized access, you must immediately reset credentials and notify Finegym support.

You understand and agree that Finegym is not responsible for losses arising from account compromise due to your failure to follow these responsibilities.

6. Subscription Plans and Billing

Finegym provides tiered subscription plans based on the number of active members associated with your gym.

• All plans are billed via Stripe, on a monthly or annual basis;
• You may upgrade or downgrade your plan at any time;
• Upgrades/downgrades are subject to automatic pro-rata billing adjustments using your remaining subscription balance;
• Access to the platform is contingent upon successful billing and payment processing.

Your subscription will automatically renew unless canceled prior to the renewal date. All billing-related communications will be delivered to the email on record.

7. Payment Terms

All payments to Finegym must be made in the currency stated during checkout, via Stripe.

• You authorize Stripe to charge your payment method on file for recurring payments;
• Finegym does not store or process payment details directly;
• You are responsible for ensuring sufficient funds or credit to avoid payment failure;
• Taxes, if applicable, will be added to the billing amount;
• Failure to pay on time may result in suspension or termination of your account.

Finegym is not responsible for transaction fees, foreign exchange differences, or additional bank charges.

8. Cancellations and Termination

8.1. By the Customer

You may cancel your subscription at any time through your Finegym admin dashboard. Upon cancellation:

• Your access will remain active until the end of the current billing cycle;
• No pro-rata refunds will be issued for partial months or unused service;
• If you cancel during a trial period (if applicable), no charges will be incurred.

8.2. By Finegym

We may suspend or terminate your access to the Services immediately, with or without notice, if:

• You violate these Terms;
• You engage in fraudulent, abusive, or harmful behavior;
• Payment fails after repeated attempts;
• Required by legal or regulatory obligations.

Upon termination, your access will be disabled and your data may be retained or deleted per our data retention policies.

8.3. Account and Data Deletion Requests

You may request permanent deletion of your Finegym account and associated data at any time.

Account deletion can be initiated by:

• Using the self-service option in the Business Settings → General screen within the Finegym admin interface; or
• Contacting Finegym Support at contact@finegym.io to request manual deletion.

Upon verified request (whether via the admin interface or through Support):

• Finegym will deactivate the gym’s account;
• All associated business and user data (including gym staff data and gym member data processed on behalf of the gym) will be deleted from active systems, unless retention is required by law or for legitimate business purposes (such as tax or accounting obligations);
• Finegym may retain anonymized or aggregated data that is no longer personally identifiable.

Once deletion is completed, the gym’s access to the platform will be permanently disabled, and restoration of data will not be possible.

9. Refund Policy

Refunds are only granted in the following exceptional cases:

• A technical failure, attributable solely to Finegym, renders the Service wholly unusable;
• The issue is reported in writing with clear documentation and remains unresolved for more than 14 days.

Refunds are not provided:

• For partial use during a billing cycle;
• If a customer fails to use or benefit from the Services due to user error or external factors;
• For trial-period cancellations (as these incur no charge).

Finegym retains sole discretion to approve or reject refund requests.

10. License and Access Rights

Subject to your compliance with this Agreement and active subscription status, Finegym grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business operations.

You may not:

• Copy, reproduce, modify, or create derivative works of any part of the platform;
• Disassemble, decompile, or reverse-engineer any part of the Services;
• Rent, lease, sublicense, or distribute the Services to third parties.

All rights not explicitly granted herein are reserved by Finegym.

11. User Conduct and Prohibited Activities

You agree not to use the Services to:

• Violate any applicable law or regulation;
• Infringe upon any intellectual property rights;
• Upload, distribute, or disseminate unlawful, harmful, or objectionable content;
• Harvest or misuse data, including scraping or automated extraction;
• Attempt unauthorized access to any system or network.

You are solely responsible for your use and the use by your staff and gym members. Finegym reserves the right to investigate violations and cooperate with law enforcement.

12. Custom Policy Documents

Gym administrators can create and upload custom policy documents (e.g., waivers, membership terms, privacy consents) for member acceptance.

• Finegym provides tools to upload, manage, and obtain digital acceptance of these documents;
• Finegym does not vet, review, or accept liability for the legality, enforceability, or compliance of any user-generated policies;
• Gym owners are solely responsible for ensuring all uploaded content complies with applicable laws and member protections.
• Finegym has no obligation to review, verify, or enforce gym-created policies, and members must address any concerns regarding such policies directly with their gym.

Digital signatures and acceptances are logged for audit purposes but remain the legal responsibility of the gym.

13. Third-Party Services and Integrations

Finegym integrates with third-party service providers to deliver certain features, including but not limited to:

• Stripe for payment processing;
• Google Analytics for site analytics;
• Freshdesk for customer support;
• Sentry for error monitoring;
• reCAPTCHA for bot protection;
• Cal.com for optional scheduling tools.

Finegym makes no warranties regarding the availability, reliability, or performance of third-party services. Use of these services is subject to their respective terms and privacy policies.

Finegym is not liable for any damages or losses arising from third-party service failures or changes.

14. Intellectual Property

All intellectual property rights in and to the Services, including all software, source code, databases, designs, text, images, and trademarks, are owned by or licensed to Finegym.

• No ownership rights are transferred to users;
• You may not use Finegym’s branding, trademarks, or visual assets without express written permission;
• You retain rights over the data and documents you upload to the platform but grant Finegym a limited license to process and store them as required for the operation of the Services.

Violation of intellectual property rights may result in immediate termination and legal action.

15. Content Ownership and Usage

15.1. User Data and Uploads

You retain ownership over the data, documents, and content (“User Content”) that you upload, create, or manage through the Finegym platform.

You grant Finegym a non-exclusive, worldwide, royalty-free license to host, store, process, and display User Content solely for the purpose of providing the Services.

15.2. Responsibility for Content

You represent and warrant that:

• You have the legal right to upload and use all User Content;
• Such content does not infringe upon third-party rights;
• You will not upload any malicious code or violate privacy laws via the content.

Finegym reserves the right to remove content that violates these Terms or applicable laws.

16. Data Privacy and Processing

Finegym collects, processes, and stores user and end-customer data in accordance with our Privacy Policy.

Key data practices include:

• No storage of full credit card data (Stripe handles all payment processing);
• Hosting infrastructure in the United States (DigitalOcean);
• GDPR-compliant rights for EU users (access, rectification, erasure, objection, portability);
• Secure processing of consents and digital signatures on custom gym documents.

You acknowledge and agree that Finegym processes data on your behalf as a data processor, and you are responsible for compliance with applicable data protection laws in your jurisdiction.

17. Cookies and Tracking Technologies

Our website and applications use cookies and similar technologies for:

• Session management and security (e.g., Google reCAPTCHA);
• Performance and analytics (e.g., Google Analytics, Sentry);
• User experience improvements.

You consent to the use of cookies as described in our Cookie Policy. You may disable non-essential cookies via browser settings, but doing so may affect the performance or availability of certain features.

18. Disclaimers

The Services are 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, or non-infringement;
• Any guarantee of uptime, availability, or uninterrupted access;
• Accuracy or reliability of results from use of the Services.

Finegym does not warrant that:

• The Services will be error-free or free of viruses;
• Any defects will be corrected promptly;
• Third-party services will remain uninterrupted or compatible.

Use of the Services is at your own risk.

19. Limitation of Liability

To the maximum extent permitted by applicable law, Finegym and its affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages;
• Loss of revenue, profits, goodwill, or data;
• Costs of substitute goods or services;
• Any damages resulting from third-party integrations or user-generated content.

Total liability for any claim arising out of or relating to these Terms shall not exceed the amount paid by you to Finegym in the 12 months preceding the event giving rise to the claim.

20. Indemnification

You agree to indemnify, defend, and hold harmless Finegym, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or relating to:

• Your use or misuse of the Services;
• Your violation of these Terms;
• Your violation of any third-party rights, including data protection and intellectual property laws;
• Any content uploaded or shared by you through the platform.

Finegym reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification.

21. Modifications to the Service or Terms

Finegym reserves the right to modify the Services or these Terms at any time.

• Material changes will be notified via email or in-app notices;
• Continued use of the Services after changes become effective constitutes acceptance of the revised Terms;
• If you do not agree to the changes, your only remedy is to discontinue use and cancel your subscription.

We may update, disable, or remove features at our discretion for service optimization or legal compliance.

22. Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards in connection with your use of the Services, including but not limited to:

• Data protection laws (e.g., GDPR, CCPA, if applicable);
• Payment processing regulations;
• Export control laws and sanctions;
• Consumer protection laws relevant in your country or the countries where you operate.

Finegym is not responsible for ensuring your compliance with local laws concerning your gym operations or member interactions. You are solely responsible for legal compliance in your jurisdiction and the jurisdictions of your users.

23. Dispute Resolution and Governing Law

This Agreement and any dispute, controversy, or claim arising out of or relating to it, including its formation, interpretation, performance, breach, or termination, shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of laws principles.

23.1. Informal Negotiation Period

Before initiating any formal dispute resolution process, you and Finegym agree to make good faith efforts to resolve any dispute informally. The party raising the dispute must notify the other party in writing, describing the issue in reasonable detail.

• The parties shall engage in informal negotiations for a period of thirty (30) days from the date the written notice is received.
• During this period, neither party shall initiate arbitration or legal proceedings, except where immediate injunctive relief is necessary.

If the parties are unable to resolve the dispute informally within 30 days, the matter shall proceed to binding arbitration as described below.

23.2. Binding Arbitration

Except for disputes involving injunctive or equitable relief or claims for intellectual property infringement, any unresolved dispute shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect.

• The arbitration shall be conducted in English;
• The venue for arbitration shall be Wyoming, USA;
• Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Both parties agree that the arbitration decision shall be final and binding, and that they are waiving the right to a trial by jury or to participate in a class action.

23.3. Waiver of Class and Representative Actions

You and Finegym agree to resolve disputes only on an individual basis and waive any right to bring claims as a plaintiff or class member in any purported class, collective, or representative proceeding.

25. General Provisions

25.1. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Refund Policy, and any additional service-specific agreements, constitute the entire agreement between you and Finegym.

25.2. Severability

If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

25.3. Assignment

You may not assign or transfer these Terms without prior written consent from Finegym. We may assign these Terms without restriction.

25.4. Waiver

No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.

25.5. Force Majeure

Finegym shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, governmental actions, or outages in third-party services.