Terms of Service

Terms & Conditions

Operational agreement governing the authorized utilization of TheGymFlex SaaS platform, subscriptions, and services.

Effective Date: October 2026 Last Updated: October 2026 Governing Law: Republic of India (Raipur, C.G.)

Clear Separation Between TheGymFlex Software and Gym Operations

TheGymFlex is owned and operated by ASHWANI BISEN (Proprietor) and provides cloud gym management software-as-a-service (SaaS) only. We are not a gym facility, fitness club, personal trainer, or healthcare provider. Independent gym owners utilize our software to manage their own facilities. Individual gym operators are solely responsible for their facility conditions, member agreements, coaching services, and physical safety.

1. Acceptance of Terms

By creating an account, accessing, or utilizing the website https://thegymflex.com, the cloud web application at https://app.thegymflex.com, or any associated APIs (collectively, the "Service"), you ("Customer", "Subscriber", "User") agree to be legally bound by these Terms & Conditions ("Terms"). If you represent a company, athletic club, or gym entity, you warrant that you possess the requisite authority to bind that entity to these Terms.

2. Description of TheGymFlex Services

TheGymFlex is a multi-tenant cloud-based SaaS platform designed to streamline gym operations. Key software functionalities include:

  • Member registration, profile administration, and digital membership cards.
  • Attendance tracking via QR-code scanning and compatible hardware integration.
  • Automated renewal reminders, payment tracking, and GST invoice generation.
  • Workout routine planners, diet charts, and member measurement records.
  • Multi-branch synchronization, staff role delegation, and financial analytics.

3. Account Registration & Responsibilities

To access the administrative features of TheGymFlex, gym owners must register an account:

  • You agree to provide true, current, and complete business information during registration.
  • You are responsible for maintaining the confidentiality of administrative passwords and credentials.
  • You are fully responsible for all operational activities, data modifications, and transmissions conducted under your account.
  • You must immediately notify TheGymFlex at support@thegymflex.com if you discover any unauthorized access or security breach.

4. Gym Owner & Staff Access Permissions

The platform includes Role-Based Access Control (RBAC) allowing gym owners to create subordinate accounts for managers, front-desk staff, and fitness trainers.

  • The gym owner remains the primary account holder and administrator of all issued sub-accounts.
  • The gym owner is solely responsible for determining the appropriate permission levels assigned to staff members.
  • TheGymFlex bears no liability for actions taken by gym staff members operating within the access permissions granted by the gym owner.

5. Subscription Plans, Billing & Payment Processing

Access to TheGymFlex SaaS is provisioned on a subscription basis under published plan tiers (Standard, Professional, Enterprise, or Custom):

  • Pricing & Currency: All subscription prices are clearly listed in Indian Rupees (INR – ₹) on our Pricing Page. Prices are exclusive of applicable taxes (GST at 18%), which will be computed and displayed upon checkout.
  • Payment Processing: All online subscription payments are processed securely through RBI-authorized Payment Aggregators. TheGymFlex does not store sensitive card credentials, CVVs, or net banking passwords.
  • Billing Intervals: Subscriptions are billed in advance on either a recurring monthly or annual billing cycle, as selected by the subscriber.
  • Payment Failure & Grace Period: If a scheduled renewal payment fails, the system will allow a grace period of 5 calendar days to update payment details before administrative access may be restricted. Member check-in records will remain intact during this period.

6. Upgrades, Downgrades, Renewal & Cancellation

  • Plan Changes: Subscribers may upgrade their tier at any time through the billing dashboard; immediate upgrades will be adjusted on a prorated basis for the remainder of the billing cycle. Downgrades take effect upon the subsequent billing renewal.
  • Cancellation Procedure: Subscribers may cancel their SaaS subscription at any time directly through the dashboard or by submitting a written notice to support@thegymflex.com.
  • Effective Cancellation Date: Cancellation becomes effective at the end of the active, prepaid billing period. No further renewals will occur.
  • Refund Rules: Cancellations and refund requests are governed strictly by our published Refund & Cancellation Policy.

7. Independent Status of Gym Facilities & Member Fees

Clarification on Gym Membership Dues

Where gyms utilize integrated online payment links to collect gym membership fees from end members, TheGymFlex acts solely as a technological intermediary. The underlying gym membership contract, facility terms, physical health liability, and membership refund rules are strictly between the gym facility and its individual member. TheGymFlex does not collect membership dues on its own account or operate athletic facilities.

8. Customer Data Ownership & Intellectual Property

  • Customer Data Ownership: Subscribers retain 100% full, exclusive ownership of all member records, client contact lists, staff data, attendance logs, and financial records uploaded or generated within their account.
  • Data Warranty: The subscriber warrants that all member personal data entered into the system has been collected lawfully with proper notice and consent pursuant to India's Digital Personal Data Protection Act, 2023 (DPDP Act).
  • TheGymFlex IP: All copyrights, patents, trademarks, source code, UI designs, system architectures, and documentation associated with TheGymFlex remain the sole and exclusive intellectual property of TheGymFlex. Subscribers are granted a limited, revocable, non-exclusive license to use the platform during their active subscription.

9. Acceptable Use Policy

Subscribers and users agree NOT to:

  • Reverse-engineer, decompile, disassemble, or derive the source code of TheGymFlex.
  • Use the platform to transmit unsolicited promotional spam, bulk automated spam emails, or unlawful messages.
  • Upload viruses, trojans, worms, or other malicious software intended to compromise platform infrastructure.
  • Attempt unauthorized penetration testing, vulnerability scanning, or disruption of the service without explicit written consent.
  • Sub-license, resell, or distribute the platform as a commercial service bureau to unauthorized third parties.

10. Service Availability & Maintenance

  • Platform Availability: TheGymFlex aims to maintain high platform availability across our cloud infrastructure, excluding scheduled maintenance.
  • Scheduled Maintenance: Routine updates and security patches are scheduled during low-traffic overnight hours (IST), with advance notice provided where feasible.
  • Force Majeure: We are not liable for service interruptions caused by telecommunication network failures, internet backbone outages, natural disasters, or disruptions in third-party services outside our reasonable control.

11. Limitation of Liability

To the maximum extent permitted by applicable Indian law:

  • The service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
  • In no event shall TheGymFlex, its developers, or affiliates be liable for any indirect, punitive, special, incidental, or consequential damages, including loss of profits, business interruption, or loss of gym records.
  • TheGymFlex's total aggregate liability arising out of or related to these Terms or the use of the platform shall be strictly limited to the amount actually paid by the customer for the SaaS subscription during the three (3) months immediately preceding the event giving rise to liability.

12. Account Suspension & Termination

  • Immediate Suspension: We reserve the right to suspend or terminate account access if a subscriber materially breaches these Terms, engages in fraudulent payment activity, or uses the platform in violation of applicable laws.
  • Data Retrieval Post-Termination: Upon termination of a subscription, the subscriber shall have 30 calendar days to request an export of their member data before tenant database partitions are permanently purged in accordance with our Privacy Policy.

13. Governing Law & Dispute Resolution

These Terms shall be governed by, construed, and enforced in accordance with the laws of the Republic of India, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the platform shall be subject to the exclusive jurisdiction of the competent courts located in Raipur, Chhattisgarh, India.

14. Modifications to Terms

We reserve the right to revise these Terms & Conditions periodically. Any updates will be published on this page with an updated effective date. Continued use of the platform following the posting of changes constitutes acceptance of the revised Terms.

15. Contact & Legal Inquiries

For contractual inquiries, billing concerns, legal notices, or questions regarding these Terms, please contact: