Effective Date:
This End User License Agreement ("EULA") is a legal agreement between you ("you," "your," or "Licensee") and Gymnastify Limited ("Gymnastify," "we," "our," or "us") governing your use of the Gymnastify software-as-a-service platform, including any associated web applications, mobile interfaces, APIs, documentation, and updates (collectively, the "Software").
By accessing, installing, or using the Software, you agree to be bound by this EULA. If you do not agree, you must not use the Software. This EULA supplements our Terms and Conditions and Privacy Policy. In the event of any conflict, our Terms and Conditions prevail.
Subject to your compliance with this EULA and payment of any applicable fees, Gymnastify grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Software solely for the internal business purposes of operating your club.
You may permit your staff, coaches, volunteers and the guardians of your members to access the Software on your behalf, provided each user complies with this EULA. You are responsible for the acts and omissions of all users acting under your account.
You agree not to, and not to permit any third party to:
The Software, including all associated copyright, trade marks, design rights, database rights, and other intellectual property rights, is owned by Gymnastify or its licensors. This EULA does not transfer any ownership rights to you. All rights not expressly granted in this EULA are reserved.
You retain ownership of the data that you and your users upload to the Software ("Your Data"). You grant us a worldwide, royalty-free licence to host, copy, transmit, display, and process Your Data solely to provide, secure, improve, and support the Software. Our handling of personal data is described in our Privacy Policy and Data Protection Policy.
We may release updates, enhancements, and new features from time to time. Updates are covered by this EULA unless accompanied by a separate licence. We aim for continuous availability but do not guarantee uninterrupted service, and we may perform planned maintenance or make changes that temporarily affect access.
The Software integrates with third-party services, including Stripe for payments and other providers for messaging, storage, and analytics. Your use of those services is subject to the third party's own terms, and we are not responsible for their acts or omissions.
Use of the Software is subject to subscription fees and transaction fees as described in our Terms and Conditions. Failure to pay may result in suspension or termination of your licence.
To the maximum extent permitted by law, the Software is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability. Your statutory rights as a consumer, where applicable, are not affected.
To the maximum extent permitted by law, Gymnastify's total aggregate liability arising out of or in connection with this EULA is limited to the fees you paid to us in the 12 months preceding the event giving rise to the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, or data, even if advised of the possibility of such damages. Nothing in this EULA limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
You agree to indemnify and hold Gymnastify and its officers, employees, and agents harmless from any claim, loss, or expense (including reasonable legal fees) arising out of your breach of this EULA, your misuse of the Software, or your violation of applicable law.
This EULA takes effect when you first access the Software and continues until terminated. You may terminate by ceasing all use of the Software and closing your account. We may suspend or terminate your licence immediately if you materially breach this EULA or our Terms and Conditions. On termination, your right to use the Software ends and you must stop all access.
You must comply with all applicable export control, trade sanctions, and anti-corruption laws in your use of the Software.
We may update this EULA from time to time. The updated version will be posted on this page with a revised effective date. Your continued use of the Software after changes take effect means you accept the revised EULA.
This EULA is governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with this EULA.
Questions about this EULA can be sent to info@gymnastify.co.uk or via our contact page.