Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and VectorWay Technologies (OPC) Private Limited ("Company", "we", "us", or "our"), a company incorporated under the laws of India, operating the ManageYourGym platform available at manageyourgym.com and through our web application, mobile applications, APIs, and any related services (collectively, the "Platform").

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

1. Definitions

• "Account" means the user account created by you to access and use the Platform.
• "Gym Owner" means a user who registers a gym on the Platform and manages gym operations, members, staff, and related data.
• "Admin" / "Staff" means users invited by a Gym Owner to help manage gym operations with specific role-based permissions.
• "Gym Member Data" means any data relating to individuals who are members of a gym, entered into the Platform by a Gym Owner, Admin, or Staff.
• "Subscription" means the paid plan selected by a Gym Owner to access premium features of the Platform.
• "Content" means any text, images, data, information, or material that you upload, submit, or transmit through the Platform.
• "Service" means the gym management software-as-a-service (SaaS) provided through the Platform, including member management, attendance tracking, payment processing, trainer management, reporting, announcements, and related features.

2. Eligibility

• You must be at least 18 years of age to create an Account and use the Platform.
• If you are using the Platform on behalf of a business or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
• You must provide accurate, complete, and current information during registration and keep your Account information updated.
• By using the Platform, you represent that you have the legal capacity to enter into a binding agreement in your jurisdiction.

3. Account Registration and Security

3.1 Account Creation

To use the Platform, you must register for an Account by providing a valid email address, creating a password, and providing your gym's business details. Each gym registration creates a separate, isolated tenant on the Platform.

3.2 Account Security

• You are responsible for maintaining the confidentiality of your Account credentials (email and password).
• You are responsible for all activities that occur under your Account, including actions taken by Admin or Staff users you invite.
• You must immediately notify us at support@manageyourgym.com if you suspect any unauthorized access to or use of your Account.
• We reserve the right to suspend or terminate Accounts that we reasonably believe have been compromised.

3.3 Multi-User Access

Gym Owners may invite Admins and Staff to their gym account with role-based permissions. The Gym Owner is responsible for managing these roles and ensuring that invited users comply with these Terms. The Gym Owner remains liable for all actions performed by their invited users on the Platform.

4. Subscription Plans and Payments

4.1 Free Trial

We may offer a free trial period for new users. During the trial, you will have access to selected features of the Platform. At the end of the trial period, your access to premium features will be restricted unless you subscribe to a paid plan.

4.2 Paid Subscriptions

• Subscription plans and their corresponding features and pricing are displayed on the Platform's pricing page.
• All prices are listed in Indian Rupees (INR) unless stated otherwise and are exclusive of applicable taxes (including GST).
• Subscriptions are billed on a recurring basis (monthly or annually) depending on the plan you select.
• Payment is due at the beginning of each billing cycle. Failure to pay may result in suspension or restriction of your access to the Platform.

4.3 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will take effect at the start of your next billing cycle. We will provide at least 30 days' prior notice of any price increase via email or a notice on the Platform. Your continued use of the Platform after the price change constitutes acceptance of the new pricing.

4.4 Refund Policy

• Subscription fees are generally non-refundable unless otherwise required by applicable law.
• If you cancel your subscription, you will retain access to the paid features until the end of your current billing cycle. No prorated refunds will be issued for unused portions of a billing cycle.
• In exceptional circumstances (e.g., extended service outages caused by us), we may issue credits or refunds at our sole discretion.

5. Acceptable Use Policy

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

• Use the Platform for any purpose that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful activity.
• Upload, transmit, or store any Content that is defamatory, obscene, offensive, threatening, abusive, or that infringes any third party's intellectual property rights.
• Attempt to gain unauthorized access to the Platform, other user accounts, or any systems or networks connected to the Platform.
• Interfere with or disrupt the integrity or performance of the Platform, including through denial-of-service attacks, malware, viruses, or other harmful code.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Platform without our prior written consent.
• Resell, sublicense, or redistribute the Platform or any part thereof without our prior written consent.
• Misrepresent your identity or affiliation with any person or entity.
• Use the Platform to store or process personal data in violation of applicable data protection laws.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including rate limiting, authentication, or access controls.

We reserve the right to suspend or terminate your Account immediately, without prior notice, if we reasonably believe you have violated this Acceptable Use Policy.

6. Your Content and Data

6.1 Ownership

You retain all ownership rights to the Content and Gym Member Data you upload or enter into the Platform. We do not claim ownership over your data. The Platform is a tool that processes your data on your behalf.

6.2 License Grant

By uploading Content to the Platform, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display your Content solely for the purpose of providing, maintaining, and improving the Service. This license terminates when you delete the Content or close your Account.

6.3 Data Responsibility

• As a Gym Owner, you are the data controller for Gym Member Data and are responsible for ensuring that you have obtained all necessary consents and legal bases for collecting, storing, and processing such data through the Platform.
• You are solely responsible for the accuracy, completeness, and legality of the Content and data you upload to the Platform.
• You are responsible for maintaining your own backups of critical data. While we implement robust data protection measures, we are not liable for data loss due to circumstances beyond our reasonable control.

6.4 Data Export and Portability

We provide features within the Platform to export your data. Upon termination of your Account, you may request a data export within 30 days. After this period, your data will be deleted in accordance with our Privacy Policy.

7. Intellectual Property

7.1 Our Intellectual Property

The Platform, including its source code, design, graphics, user interface, logos, trademarks (including "ManageYourGym" and "MYGym"), documentation, and all associated intellectual property rights, are and shall remain the exclusive property of VectorWay Technologies (OPC) Private Limited. Nothing in these Terms grants you any right, title, or interest in the Platform other than the limited right to use it in accordance with these Terms.

7.2 Feedback

If you provide us with suggestions, ideas, feedback, or recommendations regarding the Platform ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use and incorporate such Feedback into the Platform without any obligation to you.

8. Service Availability

8.1 Uptime

We strive to maintain high availability of the Platform and aim for an uptime of 99.9%. However, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance when possible.

8.2 Modifications to the Service

We reserve the right to modify, update, or discontinue any feature or functionality of the Platform at any time. We will provide reasonable notice before making material changes that adversely affect your use of the Platform. If we discontinue the Service entirely, we will provide at least 90 days' notice and allow you to export your data.

8.3 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, wars, terrorism, pandemics, power outages, internet outages, government actions, or third-party service provider failures.

9. Third-Party Services and Integrations

The Platform may integrate with or contain links to third-party services, including payment gateways, email providers, and analytics tools. Your use of such third-party services is subject to their respective terms and conditions and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party services. We do not endorse and are not liable for any content, products, or services provided by third parties.

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless VectorWay Technologies (OPC) Private Limited, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of or access to the Platform.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your Content or Gym Member Data, including any claims that your Content infringes third-party intellectual property rights or violates data protection laws.
• Any unauthorized access to your Account resulting from your failure to maintain the security of your credentials.

12. Termination

12.1 Termination by You

You may terminate your Account at any time by contacting us at support@manageyourgym.com or through the Account settings in the Platform. Upon termination, your right to use the Platform will cease immediately. You will not receive a refund for any remaining subscription period.

12.2 Termination by Us

We may suspend or terminate your Account and access to the Platform, with or without notice, if:

• You breach any provision of these Terms.
• Your subscription payment fails and remains outstanding after a reasonable grace period.
• We are required to do so by law or regulation.
• We reasonably believe your Account has been compromised or is being used for fraudulent or illegal purposes.
• We decide to discontinue the Platform (subject to the 90-day notice period described in Section 8.2).

12.3 Effects of Termination

• Upon termination, all licenses granted to you under these Terms will immediately cease.
• You have 30 days from the date of termination to request an export of your data. After this period, we will delete your data in accordance with our Privacy Policy.
• Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) shall survive.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute or claim arising out of or relating to these Terms by contacting us at legal@manageyourgym.com. We will attempt to resolve the dispute informally within 30 days.

13.2 Arbitration

If the dispute is not resolved informally, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by both parties. The seat and venue of arbitration shall be India. The language of arbitration shall be English.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to the arbitration clause above, any legal proceedings arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in India.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements, representations, and understandings.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

15.5 Notices

Notices to you may be sent to the email address associated with your Account. Notices to us should be sent to legal@manageyourgym.com. Notices are deemed received when sent via email.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and notify you via email or through a prominent notice on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform and terminate your Account.

17. Contact Us

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