Terms of Service
April 30, 2026
1. Binding Agreement & Acceptance
These Terms of Service ("Terms") constitute a binding agreement between you (the "Customer"), representing a gym or fitness facility, and GymBelay ("Company," "we," "us," "our"). By downloading, accessing, or using the GymBelay software, application, website, and related services (collectively, the "Services"), you accept and agree to be bound by these Terms. If you do not agree, you may not use the Services. By using the Services on behalf of an entity, you represent that you have authority to bind that entity and agree that "you" refers to the entity, its directors, officers, employees, and authorized agents.
2. License Grant and Restrictions
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to: (a) install and use the Software on devices for your facility's operations; (b) download and use the mobile application; (c) access the Services through the web interface. You may make backup copies for archival purposes only. You may not: (a) modify, reverse engineer, or decompile the Software; (b) remove or alter intellectual property notices; (c) use the Services for any unlawful purpose; (d) sublicense, rent, lease, or transfer access to others; (e) use the Services to compete with GymBelay; (f) access the Services with automated tools without permission.
3. Subscription and Billing
You select a subscription plan (Free, Growth, or Pro) with specified capacity limits (members, staff, monthly check-ins). If you exceed these limits, we may restrict access until you upgrade or reduce usage. Paid plans are billed monthly or annually in advance. Billing occurs on the anniversary of your subscription start date. You authorize us to charge your payment method automatically. If payment fails, we may suspend Services after notice. Prices are subject to change with 30 days' notice. You are responsible for maintaining current payment information. Refunds are provided only as specified in your subscription agreement.
4. User Data and Participant Data
"Participant Data" includes all information about your facility's members, classes, staff, waivers, check-ins, billing, and other operational records stored in the Services. You retain ownership of Participant Data and grant us a license to host, process, backup, and analyze it solely to provide the Services. You represent that you have the right to provide Participant Data and comply with all applicable laws (GDPR, CCPA, state privacy laws, etc.) in collecting and storing member information. You are responsible for obtaining necessary consents, managing access, and ensuring compliance with waivers and liability agreements. We are not responsible for the content or legality of Participant Data.
5. Representations and Warranties
You represent and warrant that: (a) you are authorized to bind your facility and enter into this agreement; (b) your facility is properly licensed, insured, and bonded as required by law; (c) you comply with all applicable laws in your jurisdiction; (d) you have obtained necessary consents and waivers from members; (e) you will not use the Services for unlawful purposes; (f) all information you provide is accurate and complete; (g) you will not export or re-export any data in violation of U.S. or international export laws. You certify that neither you nor your organization is subject to sanctions or prohibited from doing business with U.S. entities.
6. Acceptable Use Policy
You agree not to: (a) use the Services for illegal, fraudulent, or deceptive purposes; (b) violate any laws or regulations; (c) infringe on intellectual property rights; (d) transmit viruses, malware, or harmful code; (e) attempt to gain unauthorized access or disrupt the Services; (f) collect or scrape data without permission; (g) use the Services to harass, threaten, or discriminate against individuals; (h) violate privacy rights of members or staff; (i) compete directly with GymBelay; (j) misrepresent affiliation or sponsorship. Violations may result in immediate suspension of Services and legal action.
7. Security and Compliance
GymBelay implements industry-standard security measures including encryption, access controls, monitoring, and regular audits. However, no system is completely secure. We maintain backups and disaster recovery procedures. You are responsible for: (a) maintaining confidential login credentials; (b) protecting access to your account; (c) promptly notifying us of unauthorized access; (d) complying with data protection laws in your jurisdiction; (e) obtaining necessary member consents and waivers; (f) ensuring staff only access data they need. We will notify you of data breaches affecting your data as required by law.
8. Intellectual Property
The Services, software, website, documentation, content, logos, and features are owned by GymBelay and protected by copyright, trademark, and other intellectual property laws. You receive no ownership rights. We may use your feedback and suggestions to improve the Services. You retain ownership of Participant Data, but grant us the right to use aggregated, anonymized data for analytics and service improvement. You may not use GymBelay's trademarks or logos without written permission.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GYMBELAY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE LESSER OF: (A) $100, OR (B) THE TOTAL AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM. GYMBELAY IS NOT LIABLE FOR: (A) LOSS OF DATA, REVENUE, PROFIT, OR BUSINESS; (B) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (C) LOSS OF ACCESS OR USE OF SERVICES; (D) THIRD-PARTY CLAIMS. THESE LIMITATIONS APPLY EVEN IF GYMBELAY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIABILITY LIMITATIONS, SO THIS MAY NOT APPLY TO YOU.
10. Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. GYMBELAY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE SPECIFIC RESULTS FROM USING THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.
11. Termination
Either party may terminate this agreement at any time by written notice. You may cancel your subscription through your account settings or by contacting info@gymbelay.com. Paid subscriptions are non-refundable except as required by law. Upon termination: (a) your access to the Services ceases immediately; (b) you must stop using the Software; (c) we will retain your Participant Data for 30 days, after which it will be permanently deleted; (d) outstanding fees remain due. We may terminate your account if you violate these Terms, breach applicable laws, or fail to pay invoices. Termination does not relieve you of payment obligations.
12. Modifications to Services and Terms
We reserve the right to modify, suspend, or discontinue the Services (or any part) at any time, with or without notice. We may modify these Terms at any time. Material changes will be communicated via email or website notice. Your continued use of the Services constitutes acceptance of modified Terms. If you object to changes, your only remedy is to stop using the Services.
13. Dispute Resolution and Binding Arbitration
UNLESS YOU OPT OUT, YOU AND GYMBELAY AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT IN COURT OR CLASS ACTION. ARBITRATION MEANS: (A) YOU GIVE UP JURY TRIALS AND CLASS ACTIONS; (B) DISPUTES ARE DECIDED BY A NEUTRAL ARBITRATOR; (C) DISCOVERY AND APPEALS ARE LIMITED. BEFORE ARBITRATION, YOU MUST NOTIFY US OF THE DISPUTE BY EMAIL TO info@gymbelay.com. WE WILL ATTEMPT TO RESOLVE IT WITHIN 30 DAYS. IF UNRESOLVED, EITHER PARTY MAY INITIATE ARBITRATION UNDER JAMS RULES. YOU MAY OPT OUT BY NOTIFYING US IN WRITING WITHIN 30 DAYS OF FIRST USE. YOU RETAIN THE RIGHT TO PURSUE SMALL CLAIMS COURT INSTEAD OF ARBITRATION.
14. Indemnification
You agree to indemnify, defend, and hold harmless GymBelay and its officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including legal fees) arising from: (a) your use of the Services; (b) violation of these Terms; (c) violation of applicable laws; (d) Participant Data you provide; (e) your gym's operations and liability; (f) third-party claims related to your members or staff; (g) misuse or abuse of the Services.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles. The exclusive venue for any legal proceedings shall be the courts located in Toronto, Ontario. You consent to the jurisdiction and venue of these courts.
16. Contact for Legal Issues
For legal questions, disputes, or concerns about these Terms, contact us at info@gymbelay.com. We will respond within 30 days.