Terms & Conditions

Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Essa Technologies Pvt Ltd (“Company,” “we,” “us,” or “our”) regarding your use of the Gymmerse platform, accessible at essatechnologies.in and through our mobile applications.

By accessing or using our platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

1. Service Description

Gymmerse is a multi-tenant SaaS platform that provides fitness business management tools for gym owners, fitness centers, yoga studios, and their members. Our services include:

• For Business Owners: Member management, subscription billing, event scheduling, analytics, payment processing, lead management, and business operations tools
• For Gym Members: Membership management, slot booking, AI-powered nutrition and workout plans, attendance tracking, progress monitoring, and event registration
• For Trainers: Tools to run personal training at a gym, and, on the Gymmerse virtual gym, a way for independent trainers to sell personal training online and be paid through Gymmerse

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.

2. Eligibility & Account Registration

Age Requirement

You must be at least 18 years of age to use our platform. By creating an account, you represent that you meet this age requirement.

Account Creation

To use Gymmerse, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate
• Verify your email address and/or phone number
• Maintain the security and confidentiality of your password
• Not share your account credentials with others
• Immediately notify us of any unauthorized account access

Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized account use.

3. User Roles & Permissions

Gymmerse supports multiple user roles with different permissions:

Business Owners & Administrators

• Responsible for managing their gym/branch account
• Can create, modify, and delete member accounts
• Control access permissions for staff and trainers
• Liable for compliance with local fitness industry regulations
• Responsible for member data privacy within their gym

Gym Members

• Subject to their gym's membership terms and policies
• Responsible for accurate health and fitness information
• Must use features appropriately and respectfully

4. Subscription & Payment Terms

Branch Subscriptions (Platform Fees)

• Gym owners pay subscription fees to access the Gymmerse platform
• One subscription covers every branch of a gym; you are not billed per location
• Subscription plans: Monthly, Half-Yearly, or Yearly
• Each payment buys one period of access, paid in advance
• A payment processing fee (the payment gateway's charge) is added at checkout and shown before you pay
• All fees are exclusive of applicable taxes unless stated otherwise
• Payment must be made via authorized payment methods

Member Subscriptions (Gym Revenue)

• Gym members pay their gym. Online payments are collected through our payment partners on the gym's behalf and passed on to the gym; cash payments are made at the counter
• Pricing and terms are set by individual gym owners
• Gymmerse does not take commission on member subscription payments
• Members pay a payment processing fee on top of the price for online payments, shown at checkout
• Member subscription disputes are between members and their gym

Renewal

Subscriptions bought on the web, in the Android app, or in cash do not renew automatically and we do not store your card. We send reminders before a subscription expires; to continue, you renew by paying for a new period. Buying a plan starts a new period on the day of payment and replaces any period still running.

Subscriptions bought through Apple In-App Purchase in the iOS app are auto-renewing subscriptions managed by Apple, which charges your Apple ID at each renewal until you turn auto-renew off in your Apple ID settings. Apple's terms apply to those purchases, and Apple handles their refunds.

Payment Processing

• Payments are processed through PCI-compliant payment partners (Cashfree and Razorpay), or by Apple for in-app purchases on iOS
• We do not store payment card information
• When a gym's subscription period ends without renewal, most of the business console is locked until it is renewed

Payouts to Independent Trainers

Where a member pays Gymmerse for personal training with an independent trainer, Gymmerse collects that payment and pays the trainer their share by bank transfer. The following applies to those payouts.

• A trainer earns their share of a session when the session is delivered, not when the member pays for the package.
• Each earning is held for a short dispute window (currently one day) during which the member may raise a dispute. A disputed session is not paid out until the dispute is resolved. Nothing else the trainer has earned is affected.
• The bank transfer fee is borne by the trainer and is deducted from the payout. It is charged by our payments partner, passed on at cost including GST, and is a fee per payout rather than per session. The current rates are shown on the trainer's earnings screen and may change if our partner changes them.
• Gymmerse takes no commission on an independent trainer's session fee. The transfer fee above, and any tax we are required by law to deduct, are the only deductions.
• Tax is deducted at source where the law requires it, at the rate applicable to the identification documents the trainer has provided. Furnishing a PAN or Aadhaar generally results in a lower rate than furnishing neither.
• There is no minimum balance. A trainer's earnings are sent once their dispute window closes, on the next payout run. The only floor is the transfer fee itself: where a payout would not cover the fee, the balance is carried forward at no cost rather than sent at a loss.
• Payouts are sent in Indian Rupees to the Indian bank account the trainer has registered. It is the trainer's responsibility to keep those details correct; we are not able to recover money transferred to an account they have given us in error.

Free Trial

New gyms get a 90-day free trial. No card or payment details are needed to start it, and nothing is charged when it ends: to continue after the trial, the gym owner chooses a plan and pays.

5. Cancellation & Termination

Your Right to Cancel

• Web, Android and cash subscriptions do not renew automatically, so there is nothing to cancel: if you do not renew, the subscription ends at the end of the period you paid for
• Apple In-App Purchase subscriptions are cancelled by turning off auto-renew in your Apple ID settings; you keep access until the end of the period already paid
• You can delete your account from inside the app at any time; see our Privacy Policy for what is deleted and what is kept
• See our Refund Policy for refund terms

Our Right to Terminate

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• Your payment fails or account becomes delinquent
• You engage in fraudulent or illegal activities
• Your account poses security or legal risks
• Required by law or regulatory authority

Effects of Termination

• Immediate loss of access to the platform
• Data deletion according to our Privacy Policy
• No refund for unused subscription time (unless stated in Refund Policy)
• Outstanding fees remain payable

6. Acceptable Use Policy

You agree NOT to:

Prohibited Activities

• Violate any laws, regulations, or third-party rights
• Use the platform for fraudulent or illegal purposes
• Impersonate others or provide false information
• Harass, abuse, or harm other users
• Upload malware, viruses, or harmful code
• Attempt unauthorized access to our systems or other users' accounts
• Scrape, mine, or extract data without permission
• Reverse engineer, decompile, or disassemble our software
• Remove or modify copyright notices or branding
• Use automated tools (bots) without authorization
• Interfere with platform operations or performance
• Resell or redistribute our services without permission

Prohibited Content

User-generated content must not contain or promote:

• Harassment and Bullying: Content that harasses, intimidates, threatens, or bullies other users
• Hate Speech: Content promoting hatred, discrimination, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Violence and Threats: Content depicting, encouraging, or threatening violence, self-harm, or harm to others
• Sexual Content: Sexually explicit content, nudity, or sexual solicitation
• Illegal Activities: Content promoting illegal activities, including drug use, weapons sales, or other criminal behavior
• Spam and Scams: Unsolicited commercial content, phishing, fraud, or deceptive practices
• False Information: Deliberately spreading false or misleading information that could cause harm
• Privacy Violations: Sharing others' private information without consent
• Offensive or Defamatory Content: Content that is offensive, defamatory, or discriminatory
• Intellectual Property Violations: Content that violates copyrights, trademarks, or other IP rights

Content Moderation

We actively moderate user-generated content to maintain a safe environment:

• Automated Screening: Some content, including posts, photos and videos that trainers publish, is screened automatically (including by an AI model) before or after it appears, and may be held for review by our team
• User Reporting: Users can report objectionable content, which our team reviews
• Swift Action: Reported content is removed immediately if found to violate our policies
• Account Actions: Users who violate policies will have their accounts suspended or permanently banned

Reporting Objectionable Content

If you encounter content that violates our policies:

1. Use the “Report” button available on all user-generated content
2. Select the reason for reporting (harassment, spam, inappropriate, etc.)
3. Our moderation team will review the report
4. Appropriate action will be taken, including content removal or user banning

User Blocking

You have the right to block any user who makes you uncomfortable. Blocked users cannot send you messages or see your activity. You can manage your blocked users list in Settings.

Consequences of Violations

• Removal of the content
• A warning, a temporary suspension, or a permanent ban, depending on how serious the violation is
• Illegal Content: Immediate permanent ban and report to law enforcement

7. Intellectual Property Rights

Our Property

The Gymmerse platform, including all software, designs, text, graphics, logos, and code, is owned by Essa Technologies Pvt Ltd and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our services solely for their intended purpose.

Your Content

You retain ownership of content you upload (photos, health data, etc.). By uploading content, you grant us a worldwide, non-exclusive license to use, store, and process your content solely to provide our services.

Trademarks

“Gymmerse” and associated logos are trademarks of Essa Technologies Pvt Ltd. You may not use our trademarks without prior written permission.

8. Disclaimers & Limitations of Liability

Service “As Is”

OUR PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Uninterrupted or error-free service
• Accuracy or reliability of information
• Fitness for a particular purpose
• Non-infringement of third-party rights

Health & Fitness Disclaimer

Important: AI-generated nutrition and workout plans are for informational purposes only and do not constitute medical advice. Consult healthcare professionals before starting any diet or exercise program. We are not liable for health issues arising from use of our fitness features.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Essa Technologies Pvt Ltd SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Actions of third-party service providers
• Unauthorized access to your account
• User-generated content or conduct

Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim, or ₹10,000, whichever is less.

Indemnification

You agree to indemnify and hold harmless Essa Technologies Pvt Ltd, its officers, employees, and partners from any claims, damages, or expenses arising from:

• Your violation of these Terms
• Your violation of third-party rights
• Your use or misuse of our services
• Content you upload or submit

9. Third-Party Services

Our platform integrates with third-party services (payment providers such as Cashfree and Razorpay, AWS, OpenAI, etc.). These services have their own terms and privacy policies. We are not responsible for third-party services' performance, content, or policies.

Links to third-party websites are provided for convenience only. We do not endorse or control third-party sites and are not responsible for their content or practices.

10. Data Privacy

Your use of Gymmerse is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using our services, you consent to our data practices as described in the Privacy Policy.

Gym Owner Responsibilities

If you are a gym owner, you are a data controller for your members' information. You must:

• Obtain proper consent from members to collect and process their data
• Comply with applicable data protection laws (DPDP Act, GDPR, etc.)
• Maintain your own privacy policy for members
• Handle member data requests (access, deletion, etc.)
• Notify us of data breaches involving member information

11. Dispute Resolution

Informal Resolution

Before pursuing legal action, please contact us at info@essatechnologies.in to attempt informal resolution. We commit to working in good faith to resolve disputes.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Jurisdiction

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Thrissur, Kerala, India.

Arbitration (Optional)

We may offer binding arbitration for certain disputes. If arbitration is offered and accepted, both parties waive the right to pursue court action except for appeals.

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the “Last Updated” date
• Notify you via email or platform notice
• Provide 30 days' notice for material changes

Your continued use of Gymmerse after changes constitutes acceptance of the modified Terms. If you do not agree, you must stop using our services and cancel your account.

13. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Essa Technologies Pvt Ltd regarding use of our services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it later.

Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control (natural disasters, pandemics, government actions, etc.).

Survival

Provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution survive termination of these Terms.