Terms of Service
1. Introduction and Definitions
Welcome to Gymflow! These Terms of Service (the "Terms") form a legal agreement between Gymflow Ltd., a company registered in the United Kingdom (referred to as "Gymflow", "we", "us or our"), and you, the person or entity registering for or using our Services (referred to as "Customer", "Subscriber", "you" or "your"). By creating an account, using, or paying for the Gymflow platform and services, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity (such as your gym or fitness studio), you represent that you have the authority to bind that entity and its affiliates to these Terms. If you do not agree with these Terms or do not have authority to bind your entity, you must not use the Gymflow Services.
Overview of Gymflow Services. Gymflow is a software-as-a-service (SaaS) platform for gym and fitness studio management. Our platform provides tools for online product and membership sales, payment and subscription management, email and SMS marketing, lead and task management, access control system integrations, and other services to help small and medium-sized gyms and fitness studios manage their business (collectively, the "Services" or the "Platform"). These Terms govern your use of the Services and access to our websites, applications, and any related offerings.
Definitions. In these Terms, we use a few key definitions:
Gymflow – refers to Gymflow Ltd. and any of its affiliates or authorized agents.
Services (or Platform) – the Gymflow online platform and related software, apps, and services provided by Gymflow, including all features and tools such as membership management, sales, payments processing, marketing tools, lead management, task management, access control integrations, and support services.
Customer (or Subscriber or you) – the individual or legal entity that has created a Gymflow account or otherwise uses the Services. This includes the business owner and any of your employees or other authorized users under your account.
Authorized User – any individual (for example, your employee, contractor, or gym staff member) who you authorize to use the Gymflow Services under your account. Authorized Users must abide by these Terms and you are responsible for their actions.
End User – any individual who interacts with your gym or fitness studio through the Services, such as your gym members, clients, or prospective customers (for example, people purchasing memberships, booking classes, receiving emails/SMS, etc. via Gymflow). End Users are not direct parties to this agreement, but your use of their data on our Platform is subject to these Terms and applicable law.
Order Form – any online or written order, subscription plan selection, or contract that you enter into with Gymflow (including through our website) which details the specific Services, subscription term, and Fees you are agreeing to. An Order Form may include a pricing plan or package you selected on our site.
Fees – all charges and amounts payable by you for use of the Services, including subscription fees, usage-based fees, transaction fees, and any applicable taxes or late charges.
Personal Data – any information about an identified or identifiable individual that is processed through the Services, which may include information about your End Users (e.g., your members’ contact details, attendance, payments) or about you or your staff.
Applicable Data Protection Laws – the data protection and privacy laws and regulations applicable to the personal data processed under these Terms, including, where relevant, the EU General Data Protection Regulation (EU GDPR), the UK Data Protection Act 2018 and UK GDPR, the California Consumer Privacy Act (CCPA), the Australian Privacy Act 1988, and any other similar laws in jurisdictions where the Services are used.
Other capitalized terms may be defined elsewhere in these Terms.
2. Account Registration and Eligibility
Account Creation. To use Gymflow, you must create an account and provide required information. You agree to provide true, accurate, current, and complete information about yourself and your business as prompted by the registration process (including valid contact information, business name, and billing details), and to maintain and promptly update your information if it changes. Each account is intended for use by the subscribing gym or fitness business and its Authorized Users only, and you must not share account credentials outside your organization.
Eligibility Requirements. By registering for or using the Services, you represent and warrant that you meet all the following requirements:
You are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract.
If you are creating an account on behalf of a company or organization (such as a gym), you are an owner, employee, or agent of that entity with the authority to enter into this agreement on its behalf.
Neither you nor your business is barred from using the Services under any applicable laws, and you are not located in a country or region subject to comprehensive trade sanctions or embargo by the UK, EU, U.S., or other applicable jurisdictions. You also are not on any list of individuals or entities prohibited from conducting business (such as the U.S. Treasury Department’s list of Specially Designated Nationals).
You agree to these Terms and will comply with all applicable laws and regulations in connection with your use of the Services.
You have obtained and will maintain any licenses, authorizations, or permissions necessary to operate your gym or fitness business and to use our Services (for example, if required in your jurisdiction to operate a gym or to engage in marketing communications).
Gymflow may refuse registration or access to the Services at its discretion if these criteria are not met or if we have any reason to believe an account may pose a risk to Gymflow or any users.
Account Security. You are responsible for maintaining the confidentiality and security of your Gymflow account login credentials (such as usernames, passwords, API keys, or other access tokens). You must not share your login credentials with any third party except Authorized Users within your organization, and you shall ensure that each Authorized User keeps their own credentials secure. You are responsible for all activities that occur under your account, including actions taken by your Authorized Users or anyone using your login information. If you believe that your account security has been compromised (for example, if a password is lost or stolen or you suspect unauthorized access), you must immediately notify Gymflow at the contact information provided in these Terms. Gymflow will not be liable for any loss or damage arising from your failure to secure your account.
Account Responsibilities. You are fully responsible for how you and your Authorized Users use the Services and for any content or data that is uploaded or activities that occur under your account. You agree to ensure that all Authorized Users using your account are bound by and adhere to these Terms. If you operate multiple gym locations or business entities, a separate subscription or account may be required for each unless otherwise agreed by Gymflow. You may not transfer or assign your account to another party without our written consent.
3. Use of the Platform and Acceptable Use Restrictions
Permitted Use of Services. Subject to your compliance with these Terms and payment of all applicable Fees, Gymflow grants you a limited, non-exclusive, non-transferable, non-sublicensable license during the term of this Agreement to access and use the Gymflow Platform and Services solely for your legitimate internal business purposes in operating a gym or fitness studio. This means you and your Authorized Users may use the features of the Platform to manage your gym operations, engage with your members and leads, process transactions, and otherwise support your business as intended by the Service. All rights not expressly granted to you are reserved by Gymflow and our licensors. You agree not to use the Services for any other purpose or in any way that is not expressly permitted by these Terms.
Acceptable Use and Restrictions. You and your Authorized Users must use the Platform responsibly and in compliance with these Terms and all laws. In particular, you agree that you will NOT (and will not allow any third party to):
Violate Laws or Rights: Use the Services in any manner that violates any applicable law or regulation, including, without limitation, privacy laws, anti-spam laws, export control laws, or intellectual property laws. You must also not use the Platform to infringe or misappropriate the intellectual property or privacy rights of Gymflow or any third party.
Prohibited Content: Upload, transmit, or store any content through the Services that is unlawful, harmful, defamatory, obscene, pornographic, indecent, harassing, threatening, or that promotes discrimination or violence, or any other material that is inappropriate or violates any rights of any third party. This includes not using the email/SMS marketing tools to send illegal spam, unsolicited mass communications without proper consent, or content that would violate laws like the GDPR, e-Privacy Directive, CAN-SPAM Act, or similar regulations.
Security Interference: Attempt to probe, scan, or test the vulnerability of the Platform or any related system or network, or breach any security or authentication measures. You must not knowingly upload viruses, Trojan horses, worms, malware, or any other malicious or technically harmful material into the Platform. Additionally, you will not attempt to gain unauthorized access to any portion of the Services or its related systems or networks.
Reverse Engineering: Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, underlying structure, algorithms, or ideas of the Platform or any software provided by Gymflow, except as allowed by applicable law (and then only after you have given us written notice). You also agree not to modify, adapt, or create derivative works based on the Platform.
Excessive Use / Disruption: Use the Services in a manner that could interfere with, disrupt, damage, or negatively affect the functioning or security of the Platform or other users’ use of the Services. This includes not performing any load testing, volume testing, or vulnerability scanning on the Platform without Gymflow’s prior written consent. You will not use any automated means (such as scripts, bots, or web scrapers) to access or use the Services in excess of what is authorized, nor will you attempt to manipulate or falsify data (such as by artificially creating fake member accounts or transactions) in a way that could strain the system or produce misleading results.
Unauthorized Commercial Use: Sell, resell, rent, lease, license, or sublicense the Services to a third party, or otherwise use the Platform on behalf of any third party other than your own gym business and End Users. The rights granted to you are for your use only and do not include the right to operate a service bureau or to process data for others using our Services (except for managing your own gym clients).
Remove Notices or Bypass Controls: Remove, obscure, or alter any proprietary notices (e.g., copyright, trademark) on the Platform or on any reports or outputs from the Service. You also agree not to bypass or attempt to bypass any usage limits, encryption keys, or access controls built into the Platform. For example, if the Platform imposes a limit on the number of emails you can send per day under your plan, you will not attempt to circumvent that limit.
Gymflow reserves the right to investigate and take appropriate action (including suspension or termination of your account) for any suspected violation of this Acceptable Use section. You acknowledge that Gymflow has the right, but not the obligation, to monitor use of the Services and any content submitted by users to ensure compliance with these Terms or applicable law. We may remove or disable access to any content or materials and suspend or terminate any account that, in our judgment, violates these Terms or rights of any third party.
Third-Party Services and Integrations. The Gymflow Platform may integrate with or enable access to third-party services, products, or content that are not provided by Gymflow (for example, integration with access control hardware or systems, connections to social media or marketing platforms, or payment gateways provided by third parties). Use of any such third-party services may be subject to separate terms and conditions or licenses between you and the provider of that third-party service (for example, if we integrate with an access control system or a payment processor, you may have to agree to their terms as well). Gymflow does not control and is not responsible for third-party services or content – we provide these integrations for your convenience “as is”. Your use of third-party integrations is at your own risk, and you are solely responsible for complying with any relevant third-party terms. Gymflow makes no representation or warranty and shall have no liability or obligation whatsoever in relation to the content or use of any third-party services, including the availability, accuracy, or reliability of those services. If a third-party service integrated with our Platform ceases to be available or Gymflow stops supporting the integration, we will try to inform you and remove or disable the integration without breaching this agreement.
Compliance with Laws. You are responsible for using the Services in compliance with all applicable laws, regulations, and industry standards in all jurisdictions in which you operate or from which you collect or use data. This includes, but is not limited to, obtaining any required consents for collecting personal data from individuals, adhering to marketing communication laws when sending emails or SMS (e.g., including opt-out mechanisms, honoring opt-out requests, etc.), and complying with health and safety regulations for your physical facilities if relevant (though Gymflow does not monitor these). Gymflow is not responsible for making sure you comply with laws applicable to your business; that responsibility lies with you. We simply provide software tools for you to use. If your use of the Services requires you to comply with specific regulations (for example, privacy laws or consumer protection laws), you agree that you will be solely responsible for such compliance, unless the law specifically imposes obligations on Gymflow as a service provider.
4. Subscription Plans, Fees, and Payments
Subscription Plans. Gymflow is offered on a subscription basis. When you register, you may select a plan or package (monthly, annual, or as otherwise offered) which details the Services you will receive and the associated fees. Details of current plans and pricing are available on our website or via an Order Form. Your subscription will commence on the effective date agreed in your Order Form or sign-up process and continue for the subscription term you have selected (e.g., month-to-month or year-to-year) unless terminated in accordance with these Terms. Subscriptions will automatically renew for successive terms (e.g., another month or year) unless you cancel your subscription by providing advance notice in accordance with Section 9 (Termination) below or unless otherwise stated in your plan.
Fees and Billing. You agree to pay all Fees associated with your subscription and use of the Services as set forth in your Order Form or selected plan. Fees may include, for example, a base subscription fee, fees for add-on features or extra usage beyond plan limits, transaction processing fees (if you use integrated payments), and any applicable taxes (such as VAT or sales tax). All Fees are stated and payable in the currency specified when you signed up (default in GBP for UK, or other local currency as offered). Gymflow will charge your provided payment method (e.g., credit card or bank account) for recurring subscription fees in advance on the first day of each billing cycle (such as the start of each month for monthly plans, or annually for yearly plans), unless your Order Form specifies an alternative billing schedule. Usage-based or transactional fees (for example, payment processing fees or SMS fees if not included in your base plan) may be invoiced in arrears, typically monthly.
Payment Method. You must provide and maintain a current, valid payment method on file with Gymflow (such as a credit/debit card or approved payment account). By providing a payment method, you represent that you are authorized to use it and you authorize Gymflow (or our third-party payment processor) to charge that payment method for all fees due during the subscription term, including upon renewal, and any other amounts owed under these Terms. If your payment method is a credit card or direct debit, Gymflow (via our payment processor) will store that information and automatically bill it for recurring fees. If we issue invoices payable by bank transfer or other methods, you agree to pay each invoice within the specified due date (typically 14 or 30 days from invoice date) in full.
Late Payments. If we do not receive payment on time for any reason (for example, your credit card fails to charge or a manual invoice is past due), we reserve the right to suspend your access to the Services or downgrade your account until payment is made. We will attempt to notify you of payment failures (such as sending a notice that your card was declined and requesting updated information). Any late payment may accrue interest at the rate of 1.5% per month (or the highest rate allowed by law, if lower) from the payment due date until paid. You will be responsible for any costs of collection (including reasonable legal fees) incurred by Gymflow in recovering past due amounts. Gymflow also reserves the right to charge any late or rejected payment fees that our payment processors may impose (for instance, bank NSF fees). You agree that we may charge any overdue Fees to any payment method we have on record for you, or invoice you separately for those amounts.
No Refunds (Unless Required by Law). All fees and charges are generally non-cancellable and non-refundable. This means that if you choose to cancel your subscription or if these Terms are terminated part-way through a billing period, you will not be entitled to a refund for the unused portion of that period except at our discretion or if a refund is required under applicable consumer protection law. For example, if you are on an annual plan and cancel after 3 months, you will not receive a pro-rata refund for the remaining months. Similarly, fees paid for add-on services or transaction fees are non-refundable once the service has been rendered or the transaction processed. We may consider refund requests in extenuating circumstances on a case-by-case basis, but we are not obligated to grant them. This no-refund policy does not affect any statutory rights you may have – if the law in your jurisdiction mandates a right of refund or cooling-off period, we will honor it as required by law (for instance, certain jurisdictions might provide a short cancellation right for online contracts). Any such statutory rights will apply only to the minimum extent required and not beyond.
Changes in Fees. Gymflow may modify its fees and pricing for the Services from time to time. For subscription fees, any increase in the base subscription rate will typically apply only at the start of a new renewal term (for example, if we increase the monthly fee, it will apply from your next month’s renewal). We will provide you with at least 30 days’ notice of any changes in subscription pricing or materially new fees to be charged. This notice may be provided via email or via an in-app notification or posted on our website. If you do not agree with a pricing change, you may elect not to renew your subscription by providing the required notice of termination before the next renewal date; otherwise, continued use of the Services into the renewal term will constitute acceptance of the new fees. Transactional fees (like payment processing rates) might change according to third-party costs (for example, if a payment network raises its rates) and we reserve the right to pass such increases through to you with notice. We also reserve the right to introduce new features or services that may be offered at additional cost, and your use of those features would constitute agreement to pay the associated fees.
Taxes. All Fees are generally listed exclusive of any taxes (unless explicitly stated otherwise). You are responsible for any sales, use, value-added, goods and services, or other taxes or duties assessed in connection with your purchase or use of the Services, other than taxes on Gymflow’s income. If Gymflow is required to collect taxes from you (for example, VAT in the UK/EU or sales tax in certain US states), we will include those taxes on our invoices or charges and you agree to pay them. We will remit collected taxes to the appropriate authorities as required. If you are tax-exempt, you must provide us with a valid tax-exemption certificate, and we will not collect the taxes covered by that certificate.
5. Payment Processing and Merchant Services
Integrated Payment Processing. Gymflow’s platform may offer integrated payment processing services (e.g., "Gymflow Payments") to allow you to collect payments from your members or customers (such as membership fees, class bookings, or product sales) via credit card, debit card, direct debit, or other payment methods. These payment services are provided through third-party payment processors (for example, we may integrate with providers like Stripe, PayPal, or other merchant banking services). By enabling or using any payment processing feature on Gymflow, you also agree to the separate terms and conditions of the applicable third-party payment processor, such as the Stripe Connected Account Agreement and Stripe Services Agreement, or equivalent, as may be applicable in your region. Those third-party terms are a contract between you and the payment processor in addition to these Terms. Gymflow is not a bank or card processor; we facilitate the connection between you and the payment processor to handle transactions on your behalf.
Merchant Account Underwriting. If you choose to use Gymflow’s integrated payment processing, you acknowledge that you (and/or your business entity and principal owners) may be required to undergo a vetting or underwriting process by the payment processor or by Gymflow on its behalf. This process may include providing additional information about your business (such as business type, financial information, identification documents, proof of address, etc.), and possibly a credit check or background check as permitted by law. You agree to provide accurate and complete information and cooperate with any underwriting requests. Gymflow or the payment processor may decline to provide payment services (or may terminate them later) if you are deemed a high risk or if you fail to provide requested information.
Processing of Transactions. When using Gymflow Payments, you authorize Gymflow and its payment processing partners to process transactions from your End Users on your behalf and to deduct applicable processing fees and any Gymflow transaction fees from the amounts collected. Collected funds (net of fees) will be deposited into your designated bank account or Gymflow wallet balance according to our payout schedule (for example, payouts might be daily or weekly on a rolling basis, subject to holds or delays as described below). While we aim to transfer funds promptly, actual settlement times may depend on the payment networks and banks. All payments processed are subject to standard payment network rules (Visa, MasterCard, etc.) and the possibility of chargebacks, reversals, or disputes as described below.
Fees for Payment Services. Fees for payment processing (e.g., transaction discount rates, per-transaction fees, chargeback fees, etc.) will be disclosed to you when you activate the service, typically either in your Order Form or in your account settings when enabling payments. These may include fees charged by the third-party processor and any additional fee charged by Gymflow for providing the integration. You agree that Gymflow may deduct such fees automatically from transaction proceeds. We reserve the right to adjust payment processing fees if our processor’s fees or card network fees change; we will give notice of any such fee changes when possible (generally at least 14 days’ notice unless the change is due to urgent legal reasons or card network mandates).
Chargebacks and Reversals. You are solely responsible for any chargebacks, reversals, refunds, or disputed transactions related to payments you receive from your End Users. If a customer of yours disputes a charge (for example, by filing a chargeback with their card issuer or a claim with their bank), you will be liable for the full amount of the disputed charge plus any associated fees (such as chargeback fees imposed by the card network or processor). Gymflow may assist you in contesting chargebacks through the payment processor’s system, but we do not guarantee any outcome. You agree to provide any requested information promptly to help investigate or resolve any chargeback or dispute. All losses related to chargebacks or fraud will be borne by you, and Gymflow reserves the right to collect such amounts from you as described below.
Personal Liability for Payment Obligations. IMPORTANT: If you are using the payment processing services as a business or company, the authorized representative (such as the owner or principal of the business) is personally guaranteeing and accepting liability for any negative balances or unpaid obligations arising from your use of the payment services. This means that if your business account has a negative balance (for example, due to chargebacks, refunds, or fees exceeding your processed funds) or you owe any amounts related to payment processing, Gymflow (or the payment processor) may pursue those amounts from you personally, even if you operate through a limited liability entity. By using the payment processing Services, you (the individual owner or signatory) agree to be jointly and severally liable with the business for all such obligations. Gymflow may require you to sign a separate personal guarantee letter to confirm this obligation, but even if not signed, your acceptance of these Terms indicates your intent to personally guarantee these liabilities.
Right of Set-off and Collection. Gymflow reserves the right to deduct or set-off any amounts you owe us (including subscription Fees, payment processing fees, chargebacks, refunds, or other liabilities) against any payouts or funds of yours in our control. For example, we may deduct from the daily settlements any chargeback amounts or unpaid fees. If such funds are insufficient, you authorize Gymflow to charge your primary payment method on file or any backup payment method for the outstanding amounts. We may also invoice you for any deficits. In the event we cannot recover funds from you, you agree that Gymflow (or the processor) may pursue collection efforts, and you will be responsible for all costs of collection.
Reserve and Holdbacks. To protect against risk, Gymflow may at its discretion place a hold or reserve on funds in your payment account. For example, we might temporarily hold a portion of your sales if we detect suspicious activity, a sudden spike in chargebacks, or if you announce closure of your business. Additionally, upon termination of your Gymflow account or if you stop using Gymflow Payments, we reserve the right to hold a reserve of funds for up to 120 days (or a longer period if required by payment network rules) to cover any potential chargebacks, refunds, or other obligations that may arise after termination. This 120-day hold period corresponds to common credit card dispute timeframes. Gymflow will release any remaining balance to you after all pending chargebacks or refund periods have passed and all obligations have been satisfied. If the held funds are insufficient to cover liabilities that materialize (e.g., a large chargeback comes in after funds were released), you remain liable for any shortfall and must pay such amounts immediately upon demand.
Compliance and Disclosures for Payment Services. The payment processing features are subject to various financial regulations. You agree to use the payment services only for lawful transactions related to your gym business, and not for any prohibited activities as per the payment processor’s acceptable use policies or applicable law (for example, no processing of illegal products, gambling transactions, etc. unless expressly permitted). You acknowledge that Gymflow or the payment processor may be required by law to impose certain controls or report certain transactions (for instance, suspicious activity reporting under anti-money laundering laws). We may also request information or documentation from you at times to ensure compliance with financial regulations (e.g., confirming your identity or the nature of your business). Failure to comply or providing false information can result in immediate suspension or termination of payment services.
Gymflow will not be liable to you for the actions of any third-party payment processor, bank, or financial institution, including any holds, delays, errors, or fraud in processing, except to the extent required by law. We provide the interface to these services but do not guarantee their performance.
6. Data Protection and Privacy Compliance
Privacy Policy. Your privacy and the privacy of your End Users is important to us. Our Privacy Policy describes how Gymflow collects, uses, stores, and discloses personal data when providing the Services. By using the Platform, you agree to the practices described in the Gymflow Privacy Policy (available on our website). The Privacy Policy is incorporated into these Terms by reference. We strongly encourage you to read it carefully, as it contains important information about data we collect (such as usage data, device information, etc.) and how we safeguard personal information. If there is a conflict between the Privacy Policy and these Terms regarding personal data handling, these Terms (and any Data Processing Addendum, as described below) will control with respect to the relationship between you and Gymflow, unless the Privacy Policy provides greater protection to data subjects, in which case those provisions will prevail to the extent necessary.
Data Processing and GDPR. In providing the Services, Gymflow will process personal data that you or your End Users upload or enter into the Platform (for example, member contact information, health data if you choose to track it, attendance records, payment history, etc.). For purposes of Applicable Data Protection Laws, you are generally the “data controller” (or equivalent term under applicable law, such as “business” under CCPA) of the personal data you and your End Users provide, and Gymflow is a “data processor” (or “service provider”) acting on your behalf for that data. This means you determine the purposes and means of processing that personal data, and Gymflow only processes it according to your instructions and to provide the Services. We will not use your data except as permitted under these Terms, our Privacy Policy, and as required to provide or improve our Services, or as otherwise permitted by law.
To the extent that the EU GDPR, UK GDPR, or other data protection law applies to personal data processed under this agreement, Gymflow offers a Data Processing Addendum (DPA) which outlines our obligations as a processor and your obligations as a controller in more detail (including provisions on data subject rights, international transfers, assistance with audits, etc.). The DPA is hereby incorporated into these Terms by reference for all processing of personal data subject to GDPR or similar laws. If you require a signed copy of a DPA for your records, please contact us at the address in Section 13 (Contact Information). Key highlights of our data processing commitments include:
We will only process personal data in accordance with your documented instructions (the Terms, including the use of the Platform, and any settings or features you configure within the Platform, constitute your instructions).
We will implement appropriate technical and organizational security measures to protect personal data against unauthorized access, loss, or breach. This includes measures such as encryption in transit, access controls, regular security testing, and other industry-standard practices. Gymflow maintains a comprehensive security program in line with industry standards (for example, we adhere to OWASP and ISO 27001 principles, and if processing payment data, we comply with PCI-DSS requirements to the extent applicable through our payment partners).
In the event we become aware of a data breach affecting your personal data, we will notify you without undue delay and provide information to assist you in meeting any reporting obligations to individuals or authorities. We will also take necessary steps to contain and remedy the breach. More details on breach notification are provided in the DPA.
Gymflow’s personnel and any sub-processors who handle personal data are bound by confidentiality and are only authorized to process data as needed to provide the Services. We will be responsible for any sub-processor we engage to assist us (such as cloud hosting providers) and will ensure they are under data protection obligations no less protective than those in these Terms. A list of our current sub-processors can be provided on request or may be listed in the DPA or Privacy Policy.
If you are in the European Economic Area (EEA), UK, or other jurisdiction with cross-border data transfer restrictions, and personal data is transferred outside of such region (for example, to the U.S. where we or our sub-processors may operate), we will ensure an appropriate legal transfer mechanism is in place. For instance, our DPA includes the Standard Contractual Clauses approved by the EU Commission for data transfers, as needed.
Your Obligations (Data Controller Responsibilities). You, as the gym/business collecting personal data from individuals (such as your members), have certain obligations under privacy laws, and you agree that you are solely responsible for fulfilling those obligations. These include, for example:
Consent and Lawful Basis: You will ensure that you have a lawful basis (such as consent, legitimate interest, or contractual necessity) for processing your End Users’ personal data and for instructing Gymflow to process that data on your behalf. If you use Gymflow to send marketing emails or SMS messages, you represent that you have obtained any necessary consents from the recipients as required by law (e.g., opt-in consent for email marketing under GDPR, or not sending to any number on a Do-Not-Call registry if applicable for SMS, etc.). Gymflow provides the tools, but obtaining and documenting proper consent is your responsibility.
Privacy Notices: You must provide appropriate privacy notices or policies to your End Users informing them of how you collect and use their data, and that you use Gymflow as a service provider to process that data. For example, if you have a membership agreement or a website for your gym, you should include a privacy policy that discloses that you use a third-party software like Gymflow to manage data.
Data Subject Rights: If an individual (one of your members) exercises their rights under data protection laws (such as the right to access, delete, or correct their personal data), it is your responsibility to handle those requests. Gymflow will assist you by providing tools within the Platform to retrieve, correct, or delete data, and by complying with deletion or access requests you pass along to us, but we do not directly handle such requests from your End Users because we likely do not have direct contact with them. You agree to use the Platform’s features or contact us as needed to fulfill such obligations.
Data Accuracy and Minimization: You are responsible for the quality and legality of the personal data you input into Gymflow. You should only collect data that is actually needed for your purposes and ensure it’s accurate and up-to-date. Gymflow is not responsible for data input by you or your users – for example, if you enter incorrect contact info or inadvertently import sensitive personal data into free-text fields, that’s under your control.
International Data Use: If you (the controller) are subject to GDPR or similar laws, you acknowledge that Gymflow, as a processor, may be located or use systems in countries outside of your own. We have stated above how we handle cross-border transfers. By using the Services, you authorize (to the extent necessary) Gymflow to process personal data in and transfer it to such countries, subject to the protections of these Terms and the DPA. You must also ensure you are allowed to transfer that data to us (for example, by collecting necessary consents if required).
Confidentiality of Data. Gymflow will treat your business information and any personal data in your account as confidential. We will not disclose it to anyone except as needed to provide the Services or as permitted in these Terms (for instance, to our sub-processors, or if required by law or valid legal process). We also expect you to treat any non-public information you learn about Gymflow or our Services (including pricing not publicly disclosed, or any non-public features) as confidential, and not to disclose it to third parties without our permission, except as required by law.
Data Retention and Deletion. During the term of your subscription, you will have the ability to access and download your data from the Platform (subject to functionality provided, such as exporting reports, member lists, etc.). Upon termination of your account (or at your earlier request), Gymflow will delete or anonymize personal data in line with the requirements of Applicable Data Protection Laws. Typically, upon your account closure, we will retain your account data for a limited period (for example, 30-60 days) in case you change your mind or need to retrieve something, after which we will securely delete the personal data, except for any data we are required to keep for legitimate business or legal compliance reasons (e.g., records of payments for financial audits, information needed for dispute resolution, or data backups that are not easily isolatable – though we will continue to protect any such retained data). The specifics of deletion are further detailed in the DPA. It is your responsibility to export any data you need prior to the termination or deletion of your account. After we delete data, we will not be able to recover it.
Data Security. We take data security seriously and will use commercially reasonable efforts to protect the data you store in Gymflow. However, no service can be 100% secure. You are responsible for maintaining good security practices on your end as well (such as protecting your account credentials as noted in Section 2, using strong passwords, and ensuring your systems are malware-free). We offer features like role-based access controls and activity logs; it is your responsibility to configure these appropriately for your organization and monitor for any suspicious activity. If you ever suspect a security vulnerability or incident involving the Services, please notify us immediately so we can address it.
7. Intellectual Property Rights
Gymflow Intellectual Property. Gymflow (and its licensors, if any) retain all right, title, and interest, including all intellectual property rights, in and to the Services and the Gymflow Platform, including all software, code, databases, algorithms, user interfaces, know-how, trademarks, trade names, logos, and content provided by Gymflow. This includes any enhancements, updates, or modifications to the Services. Using our Services does not give you ownership of any intellectual property rights in the Services or in the content that is provided by us. These Terms do not grant you any rights to use the Gymflow name or any Gymflow trademarks or logos, except as needed to identify yourself as a customer of our Service. You shall not remove or obscure any copyright, trademark, or other proprietary rights notices on any materials or screens from the Gymflow Services.
License to You. Subject to your compliance with these Terms and for the duration of your subscription, Gymflow grants you and your Authorized Users a limited, non-exclusive, non-transferable, revocable license to access and use the Gymflow Platform and documentation solely for your internal business purposes of managing your gym or fitness studio. This license is provided for the term of your agreement and is not a sale or transfer of any software or rights. Gymflow retains all rights not expressly granted. You may not copy, distribute, modify, or create derivative works of our software or any of our intellectual property, except as expressly allowed in these Terms or by law. If you violate these license terms, the license will automatically terminate and Gymflow may suspend or terminate your access as described elsewhere in these Terms.
Your Intellectual Property and Data. As the Customer, you retain all right, title, and interest in and to your own content and data that you upload or input into the Gymflow Services, including your business data, your logos and trademarks, and information about your members (collectively, "Customer Data"). Gymflow does not claim ownership of your Customer Data. You grant Gymflow a non-exclusive, worldwide, royalty-free right to use, host, copy, transmit, display, and process your Customer Data solely as necessary to provide the Services to you and to fulfill our obligations under these Terms. For example, you grant us permission to store your membership list on our servers, to display class schedules to users through the app, or to send emails/SMS to your members at your direction. We may also copy and store your Customer Data in backup archives, caches, or logs, as part of normal Service operations. This license to your data extends to any trusted third-party service providers we work with (acting as sub-processors) as part of delivering the Service, always under strict obligations of confidentiality and security consistent with these Terms.
Aggregated and Anonymized Data. Gymflow may compile aggregated and anonymized data from our customers’ use of the Platform (for example, average gym membership retention rates, generalized usage patterns, or performance metrics). Any such aggregated data will not identify you or any individual and is stripped of personal identifiers. You agree that Gymflow is free to use and disclose such aggregated, anonymized information for business purposes such as improving the Service, statistics, analytics, marketing, or industry benchmarking, provided it does not reveal any Confidential Information of yours or personal data of your End Users. This usage of aggregated data helps us understand how our services are used and improve them, and may also be used in reporting overall trends to other customers or the public (e.g., “X% of gyms using Gymflow saw an increase in membership within 6 months”).
Feedback. We welcome your suggestions, ideas, or feedback about the Services (e.g., improvements, new features, etc.). If you choose to provide any feedback or suggestions to Gymflow, you acknowledge that this feedback is given voluntarily and Gymflow may use it freely without obligation or compensation to you. To the extent that you have any intellectual property rights in the feedback you provide, you hereby grant Gymflow a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, modify, and incorporate your feedback into our products and services. This helps us continue to improve our platform for you and other customers. Please do not submit feedback that you expect to be treated as confidential or proprietary; we are not obligated to keep feedback confidential.
Third-Party IP and Content. If you upload or input any content into the Platform (such as your gym’s logo, images for your member app, text for emails, or other materials), you represent and warrant that you have all necessary rights to that content and that doing so will not violate any third-party rights. Gymflow is not responsible for any content you provide that infringes another’s rights. We reserve the right (but do not assume the obligation) to remove any content that we believe may infringe on another’s intellectual property rights if properly notified, such as in response to a valid Digital Millennium Copyright Act (DMCA) takedown notice or equivalent. If Gymflow’s use of any third-party software or components is subject to open-source licenses, those licenses may be listed in our documentation or website; in case of conflict between an open-source license and these Terms with respect to such components, the open-source license will prevail for that component only.
8. Service Availability and Support
Service Availability. Gymflow will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for planned maintenance or downtime and for any unavailability caused by circumstances beyond our reasonable control (such as internet outages, hosting service failures, power disruptions, or other force majeure events – see Section 12). We aim to schedule any planned maintenance during off-peak hours and, when feasible, will provide advance notice (via email or in-app notification) if scheduled downtime is expected to significantly affect users. You acknowledge that occasional downtime or interruptions may occur and that Gymflow is not liable to you for any such unavailability as further described under the liability section of these Terms. While we strive for high availability (and historically exceed 99% uptime), we do not guarantee uninterrupted service, especially since some factors (like internet connectivity) are outside of our control.
Performance and Changes. We continuously work to improve the Platform, which means we may deploy updates, new features, modifications, bug fixes, or even remove or replace certain features from time to time. We reserve the right to make changes to the Services at any time, in our sole discretion, as long as such changes do not materially reduce the core functionality of the Services you subscribed to. In fact, many changes will be improvements or additions. We will endeavor to notify you (for example, via release notes, email, or dashboard alerts) about significant changes, especially if they may impact how you use the Platform. Your continued use of the Services after changes are made indicates your acceptance of those changes. If we retire a feature that you find essential and it materially diminishes the value of the Services to you, please let us know – we will work with you in good faith, and if needed, you may have the right to terminate your subscription with a pro-rata refund for the remaining term for that specific reason (though we hope that won’t happen as we plan changes carefully).
Support Services. Gymflow provides support to its Customers to help you get the most out of the Platform. Standard support (such as access to our help center documentation, email support, or an in-app chat/helpdesk) is included with your subscription at no additional charge. We aim to respond to support inquiries within a reasonable timeframe (for example, within 1 business day for critical issues, and a few business days for general questions), though response times may vary based on volume and the complexity of the issue. Support is generally provided during our normal business hours (which will be communicated on our website, typically aligning with UK business hours, possibly extended due to global operations). We may also offer enhanced support or training services for an additional fee or as part of higher-tier plans (for instance, a dedicated account manager, priority support, or on-site training, if applicable).
Support Limitations. Support is intended to address issues or questions related to the Gymflow Platform. Gymflow is not responsible for providing support for issues originating from your own systems, third-party products, or general IT problems outside our Service. For example, if your computer or network has connectivity issues or if an access control hardware device malfunctions, we can try to help insofar as it relates to our software (e.g., ensuring our integration signals are sent), but we may refer you to the appropriate vendor or IT professional for further assistance. Similarly, Gymflow support is not a general business consultancy; while we might give tips (and have resources on our blog) to help you succeed, we are not obligated to advise on how you should run your gym or handle legal compliance beyond issues specifically related to our Services.
Updates and Software Requirements. In order to use the Services, you may need to have or update certain hardware or software (for example, a supported web browser, or updating our mobile app on your devices to the latest version). Gymflow will not be responsible if the Services do not function on outdated or unsupported software/hardware. We may require you to update the Gymflow mobile app periodically, and it is your responsibility (and your End Users’ responsibility if they use a member-facing app) to install updates from the app store. We will try to maintain backward compatibility when possible, but once an older version is deprecated, some functions may cease to work until the update is applied.
Beta Features. From time to time, Gymflow may invite you to try beta or pilot features that are not yet generally available. Such features will be identified as “beta”, “preview”, “early access”, or similar. Beta features are provided “as is” and “as available” for evaluation only and may contain bugs or be subject to change. We do not make any promises that beta features will make it into the production Service, but we appreciate your feedback if you try them. Your use of beta features is at your own risk, and they may be subject to additional terms which we will provide at the time. We may discontinue beta features at any time without notice.
9. Disclaimers and Limitation of Liability
No Warranty; “As Is” Service. Gymflow provides the Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Gymflow disclaims all warranties, express or implied, with respect to the Services, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, non-infringement, and any warranties that might arise from course of dealing or usage of trade. Gymflow does not warrant that the Services will meet all of your requirements or that operation of the Services will be uninterrupted, error-free, completely secure, or that all defects will be corrected. We do not guarantee any specific results from the use of the Platform (for example, we cannot guarantee you will achieve a certain number of new members or a particular revenue outcome by using Gymflow). Gymflow does not warrant or make any representations regarding the accuracy or reliability of any information obtained through the Services (for instance, analytics or reports) – although we strive for accuracy, the data is often based on input you provide and can contain errors if the input is erroneous. No oral or written information or advice given by Gymflow or its representatives shall create any warranty. You acknowledge that modern software is never wholly free from defects or bugs, and Gymflow provides no warranty that the Services will be completely free of vulnerabilities or issues.
If applicable law requires any warranties with respect to the Services, all such warranties are limited in duration to 30 days from the date of first use (or the minimum duration permitted by law, if longer). Some jurisdictions do not allow the exclusion of implied warranties, so some of the above disclaimers may not fully apply to you – in that case, Gymflow’s warranties will be limited to the extent permitted by law.
Limitation of Liability. To the maximum extent permitted by law, in no event shall Gymflow or its directors, officers, employees, agents, or affiliates be liable to you or any third party for: (a) any indirect, incidental, special, consequential, punitive, or exemplary damages; or (b) any loss of profits, loss of revenue, loss of goodwill, loss of business opportunity, loss of data, or business interruption, arising out of or related to the Services or these Terms, even if Gymflow has been advised of the possibility of such damages.
Furthermore, Gymflow’s total aggregate liability for all claims arising from or related to these Terms or your use of the Services shall not exceed the total amount of Fees actually paid by you to Gymflow for the Services in the twelve (12) months immediately preceding the event giving rise to the claim. If no fees have been paid (for example, during a free trial), Gymflow’s liability shall not exceed GBP £100. This limitation applies to all causes of action, whether in contract, tort (including negligence), strict liability, or any other legal theory.
The limitations above form an essential basis of the bargain between you and Gymflow and shall apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of liability for certain types of damages (for example, in the UK, liability for death or personal injury caused by negligence cannot be limited, and some consumer laws may impose non-excludable rights), so the above limitation may not fully apply to you. In such cases, Gymflow’s liability will be limited to the greatest extent permitted by law.
Specific Liability Matters. Without limiting the generality of the above, you acknowledge and agree that Gymflow shall not be liable for:
Your Business Decisions: Any decisions you make or actions you take in running your gym or studio, even if based on data or suggestions from the Platform. Gymflow provides tools and maybe data analytics, but you are responsible for how you use them. For example, Gymflow might highlight members at risk of leaving (churn risk), but it’s your decision how to address that and your responsibility if you choose not to and they leave.
Third-Party Claims Against You: Any claims or disputes between you and your End Users or other third parties. For instance, if a member sues your gym for some reason (like an injury at your premises or a dispute over your membership contract), Gymflow is not responsible for that and is not a party to those dealings. It is your sole responsibility to ensure that your contracts and dealings with your End Users (members/clients) are lawful and enforceable. Gymflow disclaims any and all liability arising from your relationships with your customers. (See also the Indemnification section below, which requires you to protect us if such issues arise.)
Data Compliance and Penalties: Any fines, penalties, or liability arising from your failure to comply with data protection laws or other legal requirements in your use of the Services. For example, if you misuse the email marketing tool and violate spam laws, or if you fail to get proper consent for data and are fined under GDPR, that is entirely your responsibility. Gymflow provides you with compliant tools (and we comply with our direct obligations as a processor), but we are not responsible for ensuring that you use those tools in a legally compliant way. We strongly advise you to seek legal counsel to ensure your use of our Services aligns with your local laws and to configure settings (like consent forms, privacy notices, opt-in checkboxes) appropriately. Gymflow’s liability for any data breach on our side is addressed by applicable law and potentially the DPA, but if a breach is caused by your negligence (e.g., you shared your password and someone misused data), we are not liable for that.
Loss of Data or Access: Loss or corruption of your data (unless caused solely by a breach of our data security obligations), or inability to access the Services, including any resulting losses. We encourage you to regularly export or backup critical data (like member lists or financial records) from the Platform if needed, and to maintain alternative communication channels with your customers in case the Platform is down. Gymflow’s maximum liability for any data loss caused by us will be to attempt to restore the data from our last available backup or, if not feasible, the liability cap mentioned above.
Reliance on the Services. You acknowledge that the fees paid for the Services reflect the allocation of risk set forth in these Terms and that Gymflow could not provide the Services at the same price without these limitations. You are advised to keep your own insurance for general liability and data breaches as appropriate for your business. Gymflow is not an insurer of your business; we are a service provider. You agree that you have no other remedy, in equity or law, for breach of these Terms by us other than to recover any direct damages up to the limit set forth above.
10. Indemnification
Your Indemnification of Gymflow. You agree to defend, indemnify, and hold harmless Gymflow, its parent company, affiliates, and their respective directors, officers, employees, and agents, from and against any and all third-party claims, demands, suits, or proceedings, and all related liabilities, damages, losses, fines, penalties, fees, and expenses (including reasonable legal fees and costs) arising out of or relating to: (a) your use of the Services in violation of these Terms or applicable law; (b) any content or data you (or your Authorized Users) upload, submit, or transmit through the Platform (including claims that such content infringes or misappropriates a third party’s intellectual property or privacy rights); (c) your business’s dealings with any End Users or other third parties, including any actual or alleged breach by you of any contract or terms you have with an End User (for example, membership agreements, waivers, or payment obligations to members); (d) your failure to obtain appropriate consents or provide required disclosures in connection with the personal data you collect (for instance, if you failed to inform members their data is processed through Gymflow, or you collected health or sensitive data without consent and a claim is made against Gymflow as your processor); or (e) any fraud, gross negligence, willful misconduct, or violation of law by you or your Authorized Users.
In plain terms, if someone sues Gymflow or holds us responsible for something that was your fault or resulted from your breach of these Terms, you will step in to protect (indemnify) Gymflow and pay any costs or damages that we incur as a result. This allocation of responsibility is fair because while we provide the tools, you control how they are used in your business.
Indemnification Procedure. If Gymflow receives notice of a claim that it believes you are required to indemnify us for, we will promptly notify you in writing (to the contact information you have provided, so keep that up to date!). Gymflow will cooperate reasonably with you, at your expense, in defending such claim. You may assume control of the defense of the claim, with counsel reasonably satisfactory to Gymflow, provided that you diligently pursue the defense. We reserve the right to participate in the defense with our own counsel at our own expense. You may not settle any claim in a manner that admits fault or liability of Gymflow or imposes obligations on Gymflow without our prior written consent (which we won’t unreasonably withhold). If you fail to promptly assume the defense of a claim after notice, Gymflow may do so and seek reimbursement from you.
Gymflow’s Indemnification of You. Gymflow agrees to defend, indemnify, and hold you harmless against any third-party claim or action that your use of the Services in accordance with these Terms directly infringes a valid copyright, trademark, or patent of that third party, or unlawfully misappropriates a third party’s trade secret. This indemnity is subject to you: (i) promptly notifying Gymflow of the claim (delay in notice relieves us of obligation to the extent we are prejudiced by the delay); (ii) giving Gymflow sole control of the defense and settlement of the claim; and (iii) providing Gymflow with all reasonable assistance (at our expense) in the defense. If such an IP infringement claim arises, Gymflow may, at its option, either: obtain the right for you to continue using the Service; modify or replace the Service so it’s no longer infringing; or if those are not feasible, terminate your use of the affected Service and refund any pre-paid fees for the terminated portion of the subscription. Gymflow will not have any liability or indemnification obligation for claims arising from your data or content, third-party products, modifications you make without authorization, or use of the Service in violation of these Terms or law. This section states Gymflow’s exclusive liability for intellectual property infringement claims.
11. Termination and Suspension
Term of Agreement. These Terms will start on the date you first accept them (such as the date you click "I Agree" or first use the Services) and will continue in effect until terminated as provided herein. Each subscription to the Services has a Subscription Term (e.g. monthly or annual) as specified in your plan or Order Form, and these Terms remain in effect throughout any active Subscription Term and any renewals.
Your Right to Terminate. You may terminate your subscription and these Terms for convenience at the end of your current Subscription Term by giving Gymflow prior notice in accordance with this section. For month-to-month plans, you must provide at least 30 days’ notice of your intent not to renew (you can usually do this via your account settings or by contacting support). For annual or longer-term plans, you must provide notice at least 30 days before the renewal date (unless your Order Form specifies a different notice period). If you properly give notice of non-renewal, your subscription will expire at the end of the current term and we will shut down your access at that time. If you fail to give the required notice, the subscription may auto-renew and you will be charged for the next term. If you wish to terminate early (before the end of a term), you may do so by providing written notice to Gymflow, but no refunds will be provided for early termination except as explicitly agreed by Gymflow or required by law. For example, if you signed an annual contract and want to cancel after 6 months, you can end the service, but you will still be responsible for the remaining 6 months of fees and will not receive a refund for any prepaid amount, except at Gymflow’s discretion.
Gymflow’s Right to Terminate or Suspend. Gymflow may suspend your account or terminate these Terms and your access to the Services under the following circumstances:
For Breach: If you violate any material provision of these Terms or fail to pay amounts due, and (if curable) do not cure the breach within 10 days of notice from Gymflow (for payment breaches we may only give a 5-day grace period or suspend immediately if payment is extremely delinquent). Material provisions include, for example, misuse of the Service (Section 3), failure to pay (Section 4), breach of data laws (Section 6), or any action that exposes us to legal liability. In the event of curable breaches, we will provide you notice and an opportunity to cure if feasible; but for severe breaches or repeated issues, we reserve the right to terminate immediately. If termination is due to your breach, no refund will be provided and we may accelerate any payments due.
For Extended Inactivity: If you are on a free trial or a freemium plan (if offered) and you have not logged into your account or used the Services at all for an extended period (e.g., 120 days), we reserve the right to deactivate or terminate your account after attempting to notify you. This is mainly to clear out unused accounts. We will give you notice (via your registered email) before deleting any account for inactivity.
To Comply with Law or Prevent Harm: We may suspend or terminate access immediately if we are required to do so by law or court order, or if we have a good faith belief that it is necessary to prevent significant harm (for example, if your account is hacked and used for phishing, we might temporarily disable it to stop the harm). Similarly, if you become subject to trade sanctions or we discover you are on a restricted parties list, we may terminate in order to comply with legal requirements.
In any case of suspension or termination by us, we will make commercially reasonable efforts to notify you (unless legally prohibited or if we reasonably believe it will cause further harm to do so, such as in case of suspected fraudulent use).
Effect of Termination. Upon termination or expiration of your subscription for any reason:
Cease Use: You must immediately stop using the Services and any licenses provided to you under these Terms will end. Any of your Authorized Users must also cease access. You should export or retrieve any data you need prior to the effective termination date. After termination, we will disable all your administrative access to the Platform.
Outstanding Payments: If termination is due to your failure to pay or your breach, any unpaid fees for the remainder of your subscription term shall become immediately due and payable. We may charge any payment method on file for such amounts or invoice you. If we terminated for convenience (which would be unusual and likely only as specified in these Terms), we would refund any unused portion of fees you have pre-paid.
Data Access and Deletion: Gymflow will maintain your Customer Data for a limited post-termination period. For paid accounts, we generally retain data for 30 days after termination during which you may contact us to retrieve any data (to the extent you did not already export it). After 30 days, we will begin the process of deleting your data from the production systems and will not guarantee that it can be retrieved. Some residual copies may remain in backups for a further short period, but those are protected and eventually purged according to our retention policy. Gymflow is not obligated to retain your data after the 30-day post-termination window unless otherwise required by law or explicitly agreed in writing.
Platform Components: If we provided any software for local installation or any access control devices or other equipment, you must cease use of any software and, if applicable, return or allow us to retrieve any loaned equipment. If you purchased hardware from us, that is yours to keep, but our warranties on it (if any) will cease at termination of the Services.
Surviving Terms: Certain sections of these Terms will survive termination due to their nature. This includes (but is not limited to) Sections on Fees (to the extent fees are outstanding), Data Protection (to the extent necessary to handle deletion and confidentiality), Intellectual Property (with respect to ownership and any perpetual licenses), Disclaimers and Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and any other clauses which by their context are meant to survive.
Suspension. If we suspend your account (instead of terminating) for cause, we will lift the suspension once the issue is resolved. Suspension does not extend your subscription term; you will still be responsible for fees during the period of suspension. If an account is suspended for more than 60 days without resolution, we may at our discretion treat it as a termination by you (meaning we can cancel the account and delete data after giving you notice).
Export of Service Components. Upon any termination, you will not attempt to use or access the Services. You acknowledge that certain export control laws may prohibit the transfer of data or software from the Services to certain countries or entities; however, at termination, you are simply ceasing use so export controls typically would not apply except that you should not try to circumvent any geoblocking or restrictions that were in place prior to termination.
12. Modifications to Terms or Services
Changes to These Terms. Gymflow may update or modify these Terms from time to time. If we make material changes, we will provide you with notice in a manner reasonably likely to reach you, such as by emailing the address associated with your account or by providing an in-app notification. We will also update the “Last Updated” date at the top of the Terms. Any material modifications will become effective at least 30 days after we provide notice, giving you the opportunity to review and accept the changes. If you object to any proposed change, you may terminate your subscription before the changes take effect (termination instructions will be included in the notice if the changes are material). Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes. Non-material changes (such as clarifications or corrections) may become effective immediately upon posting the updated Terms. It is your responsibility to ensure we have your current email contact and to review any new Terms when notified.
Modifications Required by Law. Occasionally, we might need to make more immediate changes to these Terms if required to comply with applicable law (for example, if a new regulation requires us to add certain provisions or remove conflicting terms). In such cases, the change may be effective immediately or as required, and we will still notify you as soon as practicable. We strive to keep our Terms in compliance, and such legally mandated changes will not typically give rise to a termination right, except if they fundamentally alter your rights.
Changes to Services. As noted in Section 8, we may modify the Services from time to time by adding, changing, or discontinuing features. If we discontinue a core feature of the Service entirely, we will give advance notice when feasible and perhaps offer alternative solutions. The evolution of our Platform is important to keep up with customer needs and technology, so we appreciate your understanding in this process. We always welcome feedback on changes.
Orders and Agreements. No unilateral modification or addition to these Terms by you (such as writing in new clauses on a signed order form or sending us a purchase order with additional terms) will be binding on Gymflow unless expressly agreed in writing by an authorized representative of Gymflow. This means that even if your company has standard purchasing terms, etc., our agreement is governed solely by these Terms (and any Master agreement we sign, if applicable).
13. Governing Law and Dispute Resolution
Governing Law. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services or the subject matter of these Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. We choose UK law because Gymflow is based in the UK, though we operate globally; applying a uniform law helps both parties predict legal outcomes. If you are using the Services from another country, you still agree that the laws of England and Wales will apply, provided that if you are a consumer (which in this case, you are likely a business user, not a personal consumer), you might have certain protections under your local mandatory laws. However, since these Terms are for business Services, you agree to waive any applicability of other legal regimes to the extent permissible.
Arbitration Agreement. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, or the use of the Services (collectively, “Dispute”), shall be finally resolved by binding arbitration as described herein, rather than in court, except for the matters that may be taken to small claims court or the equitable relief exceptions noted below. This arbitration provision is intended to be interpreted broadly. You and Gymflow agree that the UK Arbitration Act 1996 and English arbitration law will govern the interpretation and enforcement of this provision (even if the rest of the Terms are governed by English law as well, this is to clarify the procedural rules).
Arbitration Procedure. A Dispute shall be referred to and finally resolved by arbitration under the auspices of the London Court of International Arbitration (LCIA) (or, if the LCIA is unavailable or unwilling to administer, then arbitration by a similar reputable institution or ad hoc arbitration under the Arbitration Act 1996). The arbitration will be conducted in English. There will be one (1) arbitrator, appointed in accordance with the LCIA rules. The seat (legal place) of arbitration shall be London, United Kingdom, but the parties may choose to hold hearings (if any) via teleconference/videoconference or in another location if mutually agreed. The arbitration award shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction.
Arbitration Limits. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding. You understand that, by agreeing to arbitration, you and Gymflow are waiving the right to a trial by jury or to participate in a class action (if such rights would have existed). The arbitrator shall have the authority to award any relief that a court of law could, including individual injunctive relief and attorneys’ fees, to the extent required by law.
Exceptions to Arbitration. Notwithstanding the above, either party may choose to pursue a claim in small claims court if it qualifies, so long as the matter remains in that court and on an individual (non-class) basis. Additionally, either party may seek equitable relief in a court of competent jurisdiction for immediate, temporary relief (such as a temporary restraining order or injunction) in cases where there is an urgent need to prevent irreparable harm (for example, to stop misuse of intellectual property or a data breach) and such relief cannot await the outcome of an arbitration. Seeking such interim relief shall not be deemed a waiver of the right to arbitrate the underlying dispute or Arbitration Exceptions and Venue. Notwithstanding the above agreement to arbitrate, either party may seek injunctive or equitable relief (such as a temporary restraining order) in an appropriate court in cases of urgency or to prevent irreparable harm, or to enforce intellectual property rights (for example, to stop unauthorized use of trademarks or copyrights). Additionally, if the arbitration clause is found unenforceable or not applicable to a particular dispute, then you and Gymflow agree to submit to the exclusive jurisdiction of the courts of England and Wales for resolution of such dispute. In such case, you and Gymflow waive any objection to venue in those courts and agree to submit to personal jurisdiction there. You also expressly waive any right to a trial by jury in any legal proceeding to the extent permitted by law (as most disputes will be handled by arbitration instead).
Class Action Waiver. To the maximum extent permitted by law, you and Gymflow agree that any disputes will be resolved only on an individual basis and not as part of any class, collective, or representative action. This means you may not serve as a class representative or member or otherwise participate in any class, consolidated, or representative proceeding against Gymflow. The arbitrator (or court, if applicable) may only resolve disputes between you and Gymflow, and may not combine claims without the consent of all parties. If this class action waiver is deemed unenforceable, then the entirety of the agreement to arbitrate in this Section 13 may be considered void (but the rest of these Terms shall remain in effect).
Legal Time Limit. Any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim arose (or the shortest period allowed by applicable law if one year is impermissible); otherwise, the claim is permanently barred. This does not apply where prohibited by law (for instance, some statutory claims may explicitly allow a longer period that cannot be shortened by contract).
14. Notices and Contact Information
Notices to Customer. Gymflow may provide any notice to you under these Terms by: (a) sending an email to the primary email address associated with your account; (b) mailing a letter via postal mail to the mailing address you have on file (if provided); or (c) by posting a notification within the Gymflow platform or your account dashboard. You are responsible for keeping your account contact information (email and mailing address) current. Notices sent by email will be effective when we send the email (whether or not you actually receive or read it, as long as it was sent to the last provided address). Mailed notices will be effective on the second business day after mailing to your address.
Notices to Gymflow. For any notice to Gymflow under these Terms (including termination notices, breach notices, or other legal communications), you must send it in writing to Gymflow at our contact address below, with a copy via email to our legal email address. Notices will be deemed given: (i) when delivered personally; (ii) on the second business day after being sent by a recognized courier or registered post; or (iii) on the first business day after being sent by email and receiving a non-automated confirmation of receipt from us. However, for contractual termination or indemnification claims, we ask that you send a physical copy as well, for formality.
Contact Information. If you have any questions about these Terms, or need to contact us for any reason, you may reach Gymflow at:
Gym Flow Limited.
483 Green Lanes, London, N13 4BS
Email: hello@gymflow.io (for legal notices)
Support Email: support@gymflow.com (for general support inquiries)
Entire Agreement. These Terms, together with any Order Form or subscription plan details and any documents expressly incorporated by reference (such as the Privacy Policy and Data Processing Addendum), constitute the entire agreement between you and Gymflow regarding the Services and supersede all prior or contemporaneous agreements, understandings, or communications (whether written or oral) relating to the subject matter herein. No Waiver. If Gymflow fails to enforce any provision of these Terms, it will not be considered a waiver of our rights. Severability. If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions of these Terms will remain in full effect. Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without Gymflow’s prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. No Partnership. No joint venture, partnership, employment, or agency relationship is created between us as a result of these Terms or your use of the Services. Each party is an independent contractor concerning the other.
By using Gymflow’s Services, you acknowledge that you have read, understood, and agree to all of the above terms. If you have any questions or concerns about these Terms, please contact us at the information provided above before using the Services. Thank you for choosing Gymflow to power your fitness business!