Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of GymKlout's website, software platform, mobile applications, and related services (collectively, the "Service"), operated by GymKlout Limited ("GymKlout," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not access or use the Service.

If you use GymKlout on behalf of a gym, fitness business, company, or other organization, you represent that you have the authority to accept these Terms on that organization's behalf.

2. Description of the Service

GymKlout is a software-as-a-service (SaaS) platform designed to help gyms and fitness businesses manage their operations, memberships, branches, staff, and fitness communities. GymKlout also provides mobile application features that allow gym members and other users to interact with participating gyms and access related fitness and community features.

Certain features of the Service may be available free of charge, while other features may require a paid subscription or other applicable fees.

We may add, modify, suspend, or discontinue features of the Service from time to time. Where reasonably possible, we will provide notice of material changes that substantially affect your use of the Service.

3. User Accounts

Some features of the Service require you to create an account.

When creating an account, you agree to provide information that is accurate, complete, and current and to update that information when necessary.

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• Keeping your account information accurate and up to date;
• All activities conducted through your account;
• Taking reasonable steps to protect your account from unauthorized access; and
• Notifying us promptly if you believe your account has been accessed or used without authorization.

You must not create an account using false information or impersonate another person or organization.

GymKlout reserves the right to suspend or terminate accounts that violate these Terms or that we reasonably believe present a security, legal, or operational risk.

4. Age Requirements

You must be at least 13 years old to use the Service.

By accessing or using the Service, you represent that you meet this minimum age requirement.

If we become aware that an account belongs to a person under the age of 13, we may suspend or terminate the account and take reasonable steps to delete associated personal information in accordance with our Privacy Policy and applicable law.

5. Subscriptions, Fees, and Payments

Certain GymKlout features and services may require a paid subscription.

Where applicable, subscription plans, pricing, billing periods, included features, usage limits, and other applicable terms will be presented to you before you purchase or activate a subscription.

By purchasing a subscription, you authorize GymKlout or its designated payment provider to process the applicable payment.

Unless otherwise stated:

• Subscription fees are charged according to the billing period selected;
• You are responsible for providing accurate billing and payment information;
• Failure of a payment may result in suspension or restriction of subscription features;
• Subscription pricing and available plans may change from time to time; and
• Any cancellation or refund rights will be governed by the applicable subscription terms presented at the time of purchase and applicable law.

Payments may be processed by third-party payment providers. GymKlout may not directly store complete payment card information where such information is collected and processed by the payment provider.

6. Gym Owner Responsibilities

If you use GymKlout as a gym owner, administrator, employee, or other representative of a gym or fitness business, you are responsible for:

• Providing accurate business and account information;
• Using the Service in compliance with applicable laws and regulations;
• Ensuring that information you upload about your gym, staff, or members is accurate and lawfully collected and used;
• Maintaining appropriate authorization for staff members who access your gym account;
• Protecting the confidentiality of information accessible through your account; and
• Using member information only for legitimate purposes connected with your relationship with those members and your use of GymKlout.

Gym owners are responsible for obtaining any permissions or notices required from their members in connection with information they provide to GymKlout.

7. Member and User Responsibilities

If you use GymKlout as a gym member or other individual user, you agree to provide accurate information and to use the Service responsibly.

You are responsible for information and content that you choose to submit, upload, publish, or otherwise make available through the Service.

You must not use GymKlout to harass, threaten, abuse, deceive, or otherwise harm another person.

8. User-Generated Content

The Service may allow users to create, upload, post, submit, or share content, including profile information, photographs, posts, comments, messages, reviews, or other materials ("User Content").

You retain ownership of User Content that you own.

By submitting User Content through the Service, you grant GymKlout a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, and otherwise use that content as reasonably necessary to operate, maintain, provide, and improve the Service.

You represent that you have the necessary rights and permissions to submit the User Content and that doing so does not violate any law or the rights of another person.

GymKlout does not claim ownership of your User Content. However, we may remove or restrict access to User Content that we reasonably believe violates these Terms, applicable law, or the rights or safety of others.

9. Community Standards and Prohibited Uses

You agree not to use the Service:

• In violation of any applicable law or regulation;
• To impersonate another person, gym, business, or organization;
• To provide false, misleading, or fraudulent information;
• To harass, bully, threaten, intimidate, or abuse another person;
• To publish content that is unlawful, defamatory, fraudulent, excessively offensive, or otherwise inappropriate;
• To send spam or unauthorized commercial communications;
• To solicit other users for fraudulent, illegal, or unauthorized purposes;
• To attempt to gain unauthorized access to accounts, systems, or data;
• To collect or scrape information from the Service through unauthorized automated means;
• To upload or transmit viruses, malware, or other harmful code;
• To interfere with or disrupt the operation or security of the Service;
• To use the Service to infringe the intellectual property, privacy, or other rights of another person; or
• To use the Service for any purpose that is prohibited by these Terms.

GymKlout may suspend or terminate access to the Service where we reasonably believe these rules have been violated.

10. Intellectual Property

The Service, including its software, design, interface, branding, trademarks, logos, text, graphics, features, functionality, and other original materials, is owned by GymKlout Limited or its licensors and is protected by applicable intellectual property laws.

Except as expressly permitted by these Terms, you may not copy, modify, reproduce, distribute, sell, license, reverse engineer, or create derivative works from any part of the Service without our prior written permission.

The GymKlout name, logo, trademarks, and related branding may not be used without our prior written consent.

11. Fitness and Health Disclaimer

GymKlout may provide fitness-related information, tools, features, and community content. These are provided for general informational and organizational purposes only and are not medical advice, diagnosis, or treatment.

GymKlout does not guarantee that any exercise, workout, fitness recommendation, or information available through the Service is suitable for you.

You are responsible for determining whether an exercise or activity is appropriate for you. If you have a medical condition, injury, or other health concern, you should consult an appropriately qualified healthcare professional before beginning or changing an exercise or fitness program.

You assume responsibility for your participation in physical activities and use of fitness-related features provided through the Service.

12. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.

GymKlout does not warrant that:

• The Service will always be available, uninterrupted, or error-free;
• Any defects or errors will always be corrected;
• The Service will meet your specific requirements;
• Information available through the Service will always be accurate, complete, or current; or
• The Service will be completely free from viruses or other harmful components.

13. Limitation of Liability

To the maximum extent permitted by applicable law, GymKlout Limited and its directors, employees, affiliates, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, or data arising from or related to your use of, or inability to use, the Service.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

To the maximum extent permitted by applicable law, GymKlout's total liability arising out of or relating to the Service or these Terms will be limited to the amount you paid to GymKlout for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

14. Account Suspension and Termination

You may stop using the Service at any time.

GymKlout may suspend, restrict, or terminate your account or access to the Service if:

• You violate these Terms;
• You engage in fraudulent, illegal, abusive, or harmful activity;
• Your use of the Service creates a security or operational risk;
• You fail to pay applicable subscription fees;
• We are required to do so by law; or
• We discontinue the relevant Service or feature.

Where appropriate and reasonably possible, we may provide notice before taking action. However, we may act immediately where necessary to protect users, the Service, or our legal rights.

Upon termination, your right to use the affected Service will end. Certain provisions of these Terms that by their nature should survive termination will continue to apply.

15. Third-Party Services

The Service may integrate with or contain links to third-party services, websites, applications, or payment providers.

GymKlout does not control third-party services and is not responsible for their availability, content, security, or privacy practices.

Your use of third-party services may be subject to the terms and privacy policies of those third parties.

16. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how GymKlout collects, uses, stores, and protects personal information.

Our Privacy Policy forms part of these Terms.

17. Changes to the Service

We may modify, update, suspend, or discontinue all or part of the Service at any time.

Where a change materially affects your rights or use of the Service, we will make reasonable efforts to provide notice.

We are not responsible for any loss resulting from the discontinuation or modification of a feature where permitted by applicable law.

18. Changes to These Terms

We may update these Terms from time to time.

When we make material changes, we will update the "Last updated" date and, where reasonably appropriate, provide notice through the Service or other communication methods.

Your continued use of the Service after the updated Terms become effective constitutes acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service.

19. Governing Law and Disputes

These Terms shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service shall be handled in accordance with applicable Nigerian law.

Nothing in these Terms prevents either party from seeking urgent or appropriate relief from a court of competent jurisdiction where permitted by law.

20. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms expressly applicable to particular GymKlout features or services, constitute the agreement between you and GymKlout regarding your use of the Service.

22. Contact Us

If you have questions, concerns, or requests regarding these Terms, please contact us:

GymKlout Limited
Email: [email protected]
Website: https://gymklout.com