Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") govern your use of GymCare, a software-as-a-service platform provided by VisionUs ("Company", "we", "us", "our"). By signing up, accessing, or using the Service, you ("Customer", "you") agree to these Terms and our Privacy Policy. If you are accepting on behalf of a business, you represent that you have authority to bind that business.

2. Definitions

• "Service" means the GymCare Owner Dashboard, Trainer App, Member App, related APIs, and the website at gymcare.co.in.
• "Customer Data" means data, files, content, and information you or your end-users (members, trainers) submit to the Service.
• "Subscription" means a paid plan (Starter, Growth, Pro, Enterprise) and its billing cycle (monthly or yearly).
• "End User" means individuals who access the Service via your account, such as your members and trainers.

3. The Service

GymCare provides gym management software including, but not limited to: member & trainer management, plans, payments, biometric and manual attendance, classes, workout and diet plans, expenses, complaints, announcements, notifications, and analytics. The exact features available depend on your Subscription tier.

4. Your account

• You must be at least 18 years old and legally capable of entering into contracts.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You must provide accurate, complete, and up-to-date information.
• You must notify us promptly of any unauthorised access to your account.

5. Subscription & billing

• Fees are listed on the pricing page and are quoted in INR for India and USD for international customers.
• Indian invoices include applicable GST. International invoices may include applicable VAT or local taxes.
• Monthly subscriptions auto-renew on the same day each month; yearly subscriptions auto-renew annually.
• Yearly plans receive a discount as advertised at the time of purchase.
• If a payment fails, we may suspend the Service until payment is received. After 14 days of non-payment, we may terminate the account.
• Add-ons (e.g. additional member capacity in blocks of 50) are billed on the same cycle as your base subscription.
• Prices may change with at least 30 days' notice; existing yearly subscriptions are honoured at their current price until the next renewal.

6. Refunds & cancellation

• Cancellation: You may cancel a monthly subscription at any time from the Owner Dashboard or by contacting support. Cancellation takes effect at the end of the current billing period.
• Yearly plans: can be cancelled but are non-refundable for the period already paid, except as required by law or under our launch-offer terms.
• Refunds: available within 7 days of initial purchase if the Service has not been materially used. Contact contact@visionus.io to request a refund.
• Prorated refunds are not provided for partial billing periods.

7. Acceptable use

You agree NOT to:

• Use the Service for any unlawful, fraudulent, or harmful purpose
• Upload viruses, malware, or any malicious code
• Attempt to reverse-engineer, decompile, or extract source code
• Resell, sublicense, or redistribute the Service without our written consent
• Scrape, crawl, or attempt unauthorised access to other accounts
• Use the Service to send spam, unsolicited messages, or to harass any person
• Upload personal data of End Users without obtaining their lawful consent or other valid lawful basis
• Interfere with or disrupt the integrity or performance of the Service

We may suspend or terminate accounts that violate these rules.

8. Customer data & ownership

• Your data is yours. You retain all rights, title, and interest in Customer Data.
• You grant us a worldwide, non-exclusive, royalty-free licence to host, process, and transmit Customer Data solely to provide and improve the Service.
• You are responsible for the accuracy, quality, and lawfulness of Customer Data.
• You can export your data at any time via the Owner Dashboard in CSV or Excel format.
• On account closure, we delete Customer Data per our retention policy (90-day grace period, then permanent deletion).

9. Intellectual property

GymCare, the Service, and all related software, designs, branding, trademarks, and content (excluding Customer Data) are owned by VisionUs or its licensors. We grant you a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms. All other rights are reserved.

10. Third-party services

The Service may integrate with third-party services (payment gateways, biometric devices, WhatsApp Business API, SMS providers, cloud storage, analytics). Your use of those services is governed by their own terms. We are not responsible for the acts, omissions, or content of any third party.

11. Service availability & SLA

• We aim for 99.5% monthly uptime excluding scheduled maintenance.
• Pro and Enterprise customers receive priority support and may have a separate written SLA.
• Scheduled maintenance is announced at least 48 hours in advance where reasonably possible.
• Emergency maintenance may be performed without prior notice if needed for security or stability.

12. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

13. Limitation of liability

To the maximum extent permitted by law, in no event shall the Company, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with the Service.

Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms, (b) your Customer Data, (c) your violation of any law or third-party rights, or (d) your use of the Service in a manner not authorised by these Terms.

15. Termination

• You may terminate your account at any time per Section 6.
• We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or use the Service in a way that creates risk for us or other users.
• Upon termination, your right to access the Service ends. Sections that by their nature should survive termination (e.g. ownership, liability limitations, governing law) will survive.

16. Governing law & dispute resolution

These Terms are governed by the laws of India. The courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any dispute arising from these Terms or the Service.

Before filing any claim, the parties agree to attempt good-faith resolution by writing to contact@visionus.io with a description of the dispute. If not resolved within 30 days, either party may pursue legal remedies.

17. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by email or in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

18. Contact

For any questions about these Terms, billing, refunds, or legal matters, contact us at:

Email: contact@visionus.io
Website: https://visionus.io