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LEGAL // TERMS OF SERVICE

Terms of Service

The agreement between your gym and Cybex Innovation for the use of Gyms Cloud. Please read it — we have kept it as short and plain as we can.

Effective 22 October 2026 Applies to Gyms Cloud Provider Cybex Innovation

01The agreement

These Terms of Service (“Terms”) are an agreement between Cybex Innovation, Unit 101, Oxford Towers, 139, HAL Old Airport Road, Kodihalli, Bangalore - 560008, Karnataka, India (“we”, “us”) and the business that creates a Gyms Cloud account (“you”, the “Customer”). They cover the Gyms Cloud website, web app, member app, API and related support (together, the “Service”).

By creating an account or using the Service you accept these Terms. The person accepting them confirms that they are at least 18 and are authorised to bind the business. Our Privacy Policy and Refund Policy form part of these Terms.

02Your account

  • Give accurate information when you sign up and keep it up to date — especially your email, business name and tax details.
  • You are responsible for everything done under your account, including by staff you invite. Give each person their own login with the role they need, and keep passwords confidential.
  • Tell us straight away at info@cybexinnovation.com if you think your account has been accessed without permission.
  • One Gyms Cloud account is for one gym location unless we agree otherwise in writing.

03Free trial

New gyms get a free trial of 14 days with access to the features of our Pro plan. No payment card is needed to start. At the end of the trial you can choose a paid plan to keep using the Service; if you do not, your account becomes read-only and then inactive, and we delete its data as described in the Privacy Policy. We may limit trials to one per business and end a trial that is being misused.

04Subscriptions and fees

  • Plans. Our plans, limits (such as the number of active members, staff logins and devices) and prices are shown on our pricing page. The price for your plan is the one shown when you subscribe or renew.
  • Billing. Subscriptions are billed in advance, monthly or yearly, and renew automatically for the same period until cancelled.
  • Taxes. Prices exclude taxes. For customers in India we add GST at the applicable rate (currently 18%) and issue a GST tax invoice under GSTIN 29CQJPM7492R1ZI; please give us your GSTIN to claim input tax credit. Elsewhere, you are responsible for any local taxes, levies or withholding that apply.
  • Late payment. If a payment is overdue by more than 14 days we may suspend the Service after giving you notice. Your data is not deleted during a suspension, and access is restored once the account is paid up.
  • Upgrades and downgrades. Upgrades take effect immediately; we may charge the difference for the rest of the current period. Downgrades take effect from the next billing period. If you go over a plan limit, we will ask you to upgrade before adding more.
  • Price changes. We may change prices for future periods by giving at least 30 days’ notice by email. If you do not agree, you may cancel before the change takes effect.
  • No transaction fees. We do not take a share of the payments your members make to you. Payment gateways such as Razorpay charge their own fees directly to you under their terms.

05Acceptable use

You agree not to, and not to let anyone else:

  • use the Service for anything unlawful, fraudulent or harmful, or to store or send content that infringes others’ rights;
  • collect or process personal data in the Service without a lawful basis, or send members messages they have not agreed to receive;
  • try to access another customer’s data, probe or bypass our security, or disrupt the Service (including by overloading it or through automated scraping outside the published API);
  • reverse engineer the Service except where the law expressly allows it, or copy it to build a competing product;
  • resell or sublicense the Service unless you are an authorised partner under a separate written agreement.

We may suspend access that breaks these rules or puts the Service or other customers at risk. Where we reasonably can, we will tell you first and give you a chance to fix the problem.

06Your data

  • You own your data. Everything you or your staff put into Gyms Cloud about your gym, members and staff (“Customer Data”) belongs to you.
  • Our licence. You allow us to host, copy, process and display Customer Data only as needed to provide, secure and support the Service, and as described in our Privacy Policy. We act as your processor for personal data in Customer Data.
  • Your responsibilities. You are the controller of your members’ personal data. You are responsible for having a lawful basis for it, for giving members the notices the law requires, for obtaining explicit consent before enrolling anyone on a biometric device where the law requires it, and for responding to your members’ requests (we will help).
  • Confidentiality. We keep Customer Data confidential and allow access only to staff and sub-processors who need it to run the Service, under duties of confidentiality.
  • Aggregated data. We may use anonymous, aggregated statistics about how the Service is used (that do not identify you, your gym or any person) to operate and improve it.
  • Data processing terms. If you need a signed data processing agreement (for example under the GDPR), email info@cybexinnovation.com.

07Third-party services and devices

The Service works with things we do not control — payment gateways (such as Razorpay), biometric and face recognition devices (such as eSSL, ZKTeco and AiFace), internet connections, browsers and apps you build with our API. Your use of them is governed by their own terms. We are not responsible for their availability, accuracy or acts, though we will help you troubleshoot the Gyms Cloud side of any integration.

08Availability and support

We work hard to keep Gyms Cloud available around the clock and aim for at least 99.5% monthly uptime, excluding planned maintenance (which we try to schedule at night India time and announce in advance when it may cause downtime) and events outside our reasonable control. We back up data regularly. Unless we agree otherwise in writing, we do not offer service credits for downtime.

Support is available by email and WhatsApp during Indian business hours (Monday to Saturday). We may change or improve features over time; we will not remove a core feature you depend on without reasonable notice.

09Our intellectual property

The Service, including its software, design, the Gyms Cloud name and logo, and documentation, belongs to Cybex Innovation and is protected by law. We grant you a non-exclusive, non-transferable right to use the Service for your gym during your subscription. Invoices and documents you generate carry the Gyms Cloud mark alongside your own branding. If you send us feedback or ideas, we may use them freely.

10Disclaimers

We provide the Service with reasonable skill and care. Apart from that, and to the extent the law allows, the Service is provided “as is” and we do not promise that it will be uninterrupted or error-free. Tax rates and templates in Gyms Cloud are starting points: you are responsible for checking that the rates, invoices and returns you file are correct for your business. Gyms Cloud is not legal, tax or accounting advice.

11Limitation of liability

  • Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or data that could have been avoided by reasonable backups or exports, even if it was foreseeable.
  • Our total liability arising out of or in connection with these Terms, in any year, is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim.
  • Nothing in these Terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot be limited by law.

You agree to indemnify us against claims by third parties (including your members) arising from your Customer Data or your breach of these Terms or the law.

12Cancellation, termination and data export

  • You can cancel at any time by emailing info@cybexinnovation.com from the account owner’s email address. Cancellation takes effect at the end of the current billing period; refunds are covered by our Refund Policy.
  • We may end these Terms on 30 days’ notice, or immediately if you seriously or repeatedly breach them, fail to pay after a suspension, or if the law requires it. If we end the Terms for our convenience, we will refund any prepaid fees for the unused period.
  • Your data after cancellation. You can export members, invoices, payments and attendance as CSV at any time. After cancellation or termination your data stays available for export for 30 days; after that we delete it as described in the Privacy Policy. Ask us within that window if you need help exporting.

13General

  • Changes to these Terms. We may update these Terms. We will give at least 15 days’ notice of material changes by email or in the app. Continuing to use the Service after the change means you accept it.
  • Force majeure. Neither party is responsible for delays caused by events beyond its reasonable control.
  • Assignment. You may not transfer your account without our consent; we may transfer these Terms to a successor of our business.
  • Notices. We send notices to the account owner’s email. You send notices to info@cybexinnovation.com.
  • Entire agreement. These Terms, with the policies they refer to and any order form we sign with you, are the whole agreement between us about the Service. If a provision is unenforceable, the rest still applies.

14Governing law and disputes

These Terms are governed by the laws of India. We will first try to settle any dispute informally — please write to info@cybexinnovation.com. If it cannot be settled within 30 days, the courts of Bangalore (Bengaluru), Karnataka have exclusive jurisdiction.

15Contact

Cybex Innovation · Unit 101, Oxford Towers, 139, HAL Old Airport Road, Kodihalli, Bangalore - 560008, Karnataka, India
Email: info@cybexinnovation.com · Phone: +91 80 6217 8236 · GSTIN 29CQJPM7492R1ZI · UDYAM-KR-03-0647985