Terms of ServiceClear Guidelines, Fair Use

These terms govern your use of our gym management platform. By using our services, you agree to these terms and conditions.

Last updated: January 15, 2025
Acceptance of Terms
By accessing or using our services, you agree to be bound by these terms.

By creating an account, accessing, or using the Fitness254 gym management platform ("Service"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Service.

These Terms apply to all users, including gym owners, administrators, staff members, and any other individuals who access or use our platform in any capacity.

We may update these Terms from time to time. Continued use of the Service after any changes constitutes acceptance of the new Terms. We will notify you of significant changes via email or through our platform.

Service Description
Understanding what our gym management platform provides and its scope.

Platform Features

  • Member management and registration systems
  • Payment processing and billing management
  • Access control and check-in/check-out functionality
  • Reporting and analytics tools
  • Staff management and role-based permissions
  • Equipment and facility scheduling

Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service. Planned maintenance will be communicated in advance, and we work to minimize any service disruptions.

Support Services

We provide customer support via email, phone, and in-app messaging during business hours (Monday-Friday, 8AM-6PM EAT). Emergency support is available for critical issues affecting gym operations.

User Obligations
Your responsibilities when using our platform and managing your gym.

Account Security

  • Maintain strong, unique passwords for your account
  • Enable two-factor authentication when available
  • Immediately report any unauthorized access or security breaches
  • Keep your contact information and account details current

Acceptable Use

  • Use the platform only for legitimate gym management purposes
  • Comply with all applicable laws and regulations
  • Respect the intellectual property rights of others
  • Not attempt to reverse engineer or hack our systems
  • Not share access credentials with unauthorized individuals

Prohibited Activities

  • Uploading malicious software or harmful content
  • Attempting to gain unauthorized access to other accounts
  • Using the platform for illegal activities or fraud
  • Spamming or sending unsolicited communications
  • Interfering with the platform's proper functioning
Payment Terms
Billing, payments, and subscription management details.

Subscription Fees

Subscription fees are billed monthly or annually based on your chosen plan. All fees are due in advance and are non-refundable except as expressly stated in our refund policy.

Payment Processing

Payments are processed through secure third-party payment processors. You authorize us to charge your designated payment method for all applicable fees. Failed payments may result in service suspension.

Price Changes

We reserve the right to modify our pricing with 30 days' notice. Existing subscribers will be notified via email before any price changes take effect. Continued use of the service constitutes acceptance of new pricing.

Refunds

Refunds are available within 30 days of initial subscription for first-time users. Refund requests must be submitted through our support channels. Partial refunds for unused service periods may be considered on a case-by-case basis.

Data Responsibility
Your responsibilities regarding member data and privacy compliance.

Member Consent

You are responsible for obtaining proper consent from your gym members before collecting and processing their personal information through our platform. This includes compliance with local data protection laws.

Data Accuracy

You must ensure that all data entered into our platform is accurate, current, and complete. You are responsible for keeping member information up to date and removing data when required by law or member request.

Data Backup

While we maintain regular backups of our systems, you are encouraged to maintain your own copies of important data. We provide data export features to help you maintain local backups.

Limitations & Disclaimers
Important limitations on our liability and service warranties.

Service Disclaimer

Our platform is provided "as is" without warranties of any kind. While we strive for accuracy and reliability, we cannot guarantee that the service will be error-free, secure, or continuously available.

Limitation of Liability

Our liability is limited to the amount you have paid for the service in the 12 months preceding any claim. We are not liable for indirect, consequential, or punitive damages, including lost profits or business disruption.

Third-Party Services

Our platform may integrate with third-party services (payment processors, email providers, etc.). We are not responsible for the performance, availability, or terms of these third-party services.

Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, or internet infrastructure failures.

Account Termination
How accounts can be terminated and what happens to your data.

Termination by You

You may terminate your account at any time through your account settings or by contacting our support team. Upon termination, you will retain access to your data for 30 days to facilitate export.

Termination by Us

We may terminate or suspend your account immediately if you violate these Terms, fail to pay fees, or engage in prohibited activities. We will provide reasonable notice except in cases of serious violations.

Data Retention

After account termination, your data will be deleted within 90 days unless legally required to retain it longer. You can request immediate data deletion or export your data before termination.

Survival of Terms

Certain provisions of these Terms will survive termination, including data protection obligations, limitation of liability, and intellectual property rights.

Contact Us
Questions about these terms? Need clarification on any provisions?

Legal Inquiries

Email: legal@farcasconsult.com

Phone: +254 721 343 437

Dispute Resolution

Any disputes arising from these Terms will be resolved through arbitration in Nairobi, Kenya, under Kenyan law. We encourage contacting us directly to resolve issues before pursuing formal dispute resolution.

Business Address

FCL Consulting Services
Nairobi, Kenya
support@farcasconsult.com