Welcome to GYMSNA. These Terms of Service ("Terms") govern your access to and use of the GYMSNA platform, software, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using GYMSNA, 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 may not use the Service.

These Terms apply to all users of the Service, including gym owners, trainers, administrators, and end-users who book classes through the platform.

2. Description of Service

GYMSNA is a comprehensive gym management and class booking platform that provides:

• Class scheduling and booking management
• Member management and registration
• Payment processing through Stripe Connect
• Booking credits and membership packages
• Waitlist management
• Custom form creation and management
• Dashboard analytics and reporting
• Integration with third-party services

3. Account Registration and Responsibilities

3.1 Account Creation

To use GYMSNA, you must create an account by providing accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Ensuring all information provided is accurate and up-to-date

3.2 Gym Owner Responsibilities

As a gym owner using GYMSNA, you agree to:

• Comply with all applicable laws and regulations
• Maintain appropriate liability insurance for your fitness facility
• Obtain necessary consents from your members for data collection
• Honor all bookings made through the platform
• Provide accurate class information and availability
• Handle member refunds and disputes in accordance with your policies

3.3 Member Responsibilities

As a member booking classes through GYMSNA, you agree to:

• Provide accurate health and fitness information when required
• Comply with gym policies and class rules
• Cancel bookings in accordance with the gym's cancellation policy
• Respect other members and gym staff

4. Subscription and Payments

4.1 Subscription Plans

GYMSNA offers various subscription plans for gym owners. Subscription fees are billed on a recurring basis (monthly or annually) and are non-refundable except as required by law.

4.2 Payment Processing

GYMSNA uses Stripe Connect for payment processing. By using our payment services, you agree to Stripe's terms and conditions. GYMSNA is not responsible for payment processing errors or disputes that fall within Stripe's domain.

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date. You will be charged the then-current subscription fee.

4.4 Price Changes

We reserve the right to modify subscription fees with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new fees.

4.5 Member Payments

Payments made by members to gyms for class bookings and memberships are processed through Stripe Connect directly to the gym's account. GYMSNA facilitates these transactions but is not a party to the payment agreement between gyms and their members.

5. User Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy. By using GYMSNA, you consent to our data practices as described in the Privacy Policy.

5.1 Data Ownership

You retain all rights to the data you input into GYMSNA. We do not sell your data to third parties. We use your data solely to provide and improve our services.

5.2 Data Security

While we implement industry-standard security measures to protect your data, no system is completely secure. You acknowledge that you use the Service at your own risk.

6. Intellectual Property Rights

6.1 GYMSNA Property

The Service, including all software, designs, text, graphics, logos, and other content, is owned by GYMSNA and is protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute any part of the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any copyright, trademark, or other proprietary notices
• Use the Service to create competing products or services

6.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your business or personal purposes.

7. Limitation of Liability

7.1 Service Availability

While we strive to maintain 99.9% uptime, GYMSNA is provided "as is" and "as available" without warranties of any kind. We do not guarantee uninterrupted or error-free service.

7.2 Liability Cap

To the maximum extent permitted by law, GYMSNA's total liability for any claims arising from your use of the Service shall not exceed the greater of:

• The subscription fees you paid in the 12 months preceding the claim, or
• $100 USD

7.3 Exclusion of Damages

GYMSNA shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits, revenue, or data
• Business interruption
• Personal injury or property damage
• Loss of goodwill

7.4 Fitness Activity Disclaimer

GYMSNA is a software platform and does not provide fitness instruction or medical advice. Gyms and trainers are solely responsible for the safety and appropriateness of their classes and services. Members participate in fitness activities at their own risk.

8. Service Level Agreement

8.1 Uptime Commitment

We aim to maintain 99.9% uptime for the Service, excluding scheduled maintenance and force majeure events.

8.2 Scheduled Maintenance

We may perform scheduled maintenance with advance notice. We will attempt to schedule maintenance during off-peak hours.

8.3 Support

We provide email support to all users. Response times vary based on subscription tier and issue severity.

9. Prohibited Uses

You may not use GYMSNA to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit viruses, malware, or harmful code
• Harass, abuse, or harm others
• Collect user information without consent
• Impersonate others or misrepresent your affiliation
• Interfere with or disrupt the Service
• Attempt unauthorized access to our systems

10. Termination

10.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination does not entitle you to a refund of prepaid subscription fees.

10.2 Termination by GYMSNA

We may suspend or terminate your account if:

• You violate these Terms
• Your account is inactive for an extended period
• Your payment method fails
• We determine termination is necessary to protect our interests or other users

10.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We will retain your data for a reasonable period to allow you to export it, after which it may be deleted in accordance with our data retention policies.

11. Indemnification

You agree to indemnify and hold harmless GYMSNA, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your fitness services and operations (for gym owners)

12. Third-Party Services

GYMSNA integrates with third-party services including:

• Stripe for payment processing
• AWS for hosting and email services
• Other third-party integrations as offered

Your use of third-party services is subject to their respective terms and conditions. GYMSNA is not responsible for third-party service performance or policies.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of GYMSNA after changes become effective constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which GYMSNA operates, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except for disputes that may be brought in small claims court.

14.3 Class Action Waiver

You agree to bring claims against GYMSNA only on an individual basis and not as part of any class or representative action.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GYMSNA regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

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

16. Contact Information

If you have questions about these Terms, please contact us at:

GYMSNA Support
Email: support@gymsna.com
Website: www.gymsna.com