Terms of service

Accepting these terms

By creating a FynGym account, signing an order form or using the software, you agree to these terms on behalf of your gym. If you are agreeing for a company, you confirm you are authorised to do so. If you do not agree, do not use the service.

What we provide

A hosted gym management platform: member records, check-in, billing, classes, messaging, reporting, an owner mobile app and an API, according to the plan you buy. We may add, change or retire individual features; if we remove something material we will give you 60 days’ notice and, on request, a pro-rata refund of the unused period.

Hardware readers, if you buy them from us, are sold under a separate invoice and carry a 12-month replacement warranty against manufacturing defect.

Your account

• You are responsible for everything done under your logins, including by your staff.
• Keep credentials private; enable two-factor authentication. Tell us immediately if an account is compromised.
• Staff seats are per person. Sharing one login between people breaks the audit trail and this agreement.
• Information you give us — gym name, GSTIN, contact details — must be accurate and kept current.

Fees, taxes and renewal

Fees are the amounts on your order form or the published price of your plan, exclusive of GST at 18%. Monthly plans renew monthly; annual plans renew annually, both automatically, until cancelled.

We may change prices once in a 12-month period with 30 days’ written notice. If you do not accept the new price you may cancel before it takes effect. Add-ons — devices, message credits, storage — are billed with the next cycle.

Late payment and suspension

If a charge fails we retry up to three times over eight days and notify you each time. Your gym continues to work through a grace window of 12 days.

After the grace window we may suspend console access. Check-in readers keep recording attendance locally so your members are never locked out. We may charge interest of 1.5% per month on overdue amounts. Accounts unpaid for 60 days may be terminated under section 10.

Your data belongs to you

You own the data you and your members put into FynGym. You grant us only the licence needed to host, process, back up and display it in order to run the service, and to produce aggregated statistics that never identify you or your members.

You can export your data at any time from the console, with no fee and no request to us. Our processing obligations are set out in the data processing addendum, which forms part of these terms.

Acceptable use

You must not resell the service, reverse engineer it, probe it for vulnerabilities without written permission, send unlawful or unsolicited bulk messages through it, upload malware, or use it to store data you had no right to collect. The full list is in the acceptable use policy; breaking it can lead to immediate suspension.

Your duties to your members

You decide what member data to collect, so you are the data fiduciary for it. You must take valid consent — in writing for biometric enrolment — give members a privacy notice, offer a non-biometric alternative, honour access, correction and erasure requests, and keep your staff roles tight. We will help you do all of that, but we cannot do it for you.

Intellectual property

FynGym, its software, design, documentation and name remain ours. You get a non-exclusive, non-transferable right to use it during your subscription. Feedback you send us may be used to improve the product without obligation, but it never gives us rights over your data.

Cancellation and termination

You may cancel from the console at any time; the subscription then ends at the close of the paid period. Refund treatment is set out in the refund and cancellation policy.

We may suspend or terminate the account if you materially breach these terms and do not fix it within 15 days of notice, if payment is 60 days overdue, or immediately if your use is unlawful or endangers the platform. On termination we keep your data available for export for 60 days, then delete it.

Availability

We target 99.9% monthly uptime, with service credits where we miss it, as described in the service level agreement. Planned maintenance is announced at least 72 hours ahead and scheduled outside Indian peak gym hours wherever possible.

Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care, in line with the documentation. Beyond that, the service is provided “as is”. We do not warrant that it will be uninterrupted, error-free, or that third-party hardware, payment gateways or messaging networks outside our control will always work.

Limitation of liability

Neither party is liable for indirect, incidental or consequential loss, or for loss of profit, goodwill or anticipated savings. Our total liability in any 12-month period is limited to the fees you paid us in the 12 months before the claim.

Nothing here limits liability for fraud, wilful misconduct, death or personal injury, or anything else that cannot be limited under Indian law.

Governing law and disputes

These terms are governed by the laws of India. We will try in good faith to resolve any dispute by discussion first. Failing that, disputes are subject to arbitration in Pune under the Arbitration and Conciliation Act, 1996, before a sole arbitrator, in English. The courts at Pune, Maharashtra have exclusive jurisdiction for anything outside arbitration.

If we change these terms we will give account holders at least 30 days’ notice by email and in-console. Continued use after that date means acceptance.