Terms of Service

This is an agreement between you (“you”, “Customer”) and Ebizsuit Solution (“YoClub”, “we”, “us”, “our”). It governs your use of our website, mobile applications, and software services (collectively, the “Services”). By creating an account, accessing, or using the Services, you accept these Terms. If you do not agree, do not use the Services.

1. Acceptance & eligibility

By registering for or using the Services, you confirm that you are at least 18 years old, are competent to contract under the Indian Contract Act, 1872, and — if using the Services on behalf of a business — that you are authorised to bind that business to these Terms. These Terms, together with our Privacy Policy and any order form or plan you subscribe to, form the entire agreement between you and us.

2. Definitions

• Services — the YoClub website, mobile/web applications, APIs, and related software and support.
• Customer — the gym, studio, or business that registers a YoClub account.
• Authorised Users — staff or persons the Customer permits to access its account.
• Members & Leads — individuals whose details the Customer records in YoClub.
• Customer Data — data the Customer or its Authorised Users submit to the Services, including Member and Lead data.

3. Accounts & access

• You are responsible for the accuracy of the registration details you provide and for keeping them up to date.
• You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
• You must notify us promptly of any unauthorised use of your account or any security breach.
• You are responsible for the acts and omissions of your Authorised Users as if they were your own.

4. Licence to use the Services

Subject to these Terms and timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your internal business purposes during your subscription term. We reserve all rights not expressly granted.

5. Acceptable use

You agree not to, and not to permit any Authorised User or third party to:

• Use the Services in violation of any applicable law, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.
• Upload or transmit unlawful, infringing, defamatory, obscene, or harmful content, or any virus or malicious code.
• Send spam or unsolicited communications, or use the SMS/WhatsApp/email features in breach of applicable telecom or messaging regulations or platform policies.
• Reverse-engineer, decompile, copy, resell, or create derivative works of the Services, or attempt to gain unauthorised access to our systems.
• Use the Services to store or process data you are not lawfully entitled to, or without obtaining required consents from Members and Leads.
• Interfere with, disrupt, or place an unreasonable load on the Services or their infrastructure.

6. Customer & member data

As between you and us, you own your Customer Data. You grant us a limited licence to host, process, and transmit Customer Data solely to provide and support the Services. For Member and Lead data, you are the Data Fiduciary and YoClub acts as a Data Processor on your instructions, as described in our Privacy Policy. You are responsible for obtaining all necessary consents and for the lawfulness of the data you submit. We handle personal data in line with the DPDP Act, 2023 and the IT Rules, 2011.

7. Fees, billing & taxes

• Fees for the Services are as set out in your subscription plan or order form, and are payable in advance unless stated otherwise.
• All fees are exclusive of applicable taxes; Goods and Services Tax (GST) and other levies will be charged as required by law.
• Except where required by law, fees are non-refundable once a billing period has begun.
• We may revise pricing on renewal with prior notice. Late or failed payments may lead to suspension as described in Section 12.

8. Payments & third-party gateways

Payments made through the Services (including by your Members) may be processed by third-party payment gateways. Such transactions are subject to the gateway's own terms and privacy policies. We do not store full card details. We are not responsible for the acts, omissions, fees, or availability of any payment processor, and any payment dispute must be resolved in accordance with the relevant gateway's procedures and applicable law.

9. Third-party services

The Services integrate with third-party providers (e.g. cloud hosting, Google Firebase / Apple push notifications, SMS and WhatsApp gateways, email, and biometric/access-control devices). Your use of those features may be subject to the third party's terms. We are not liable for third-party services, and their availability is outside our control.

10. Intellectual property

The Services, including all software, design, text, graphics, logos, and the “YoClub” name and marks, are owned by or licensed to Ebizsuit Solution and are protected by intellectual-property laws. Nothing in these Terms transfers any such rights to you. You may not use our trademarks without our prior written consent. Any feedback you provide may be used by us without restriction or obligation.

11. Availability & support

We work to keep the Services available and reliable, but we do not guarantee uninterrupted or error-free operation. The Services may be unavailable during scheduled maintenance, updates, or due to events beyond our reasonable control. We provide support through the contact channels published from time to time. Features may be added, changed, or removed as the product evolves.

12. Suspension & termination

• You may stop using the Services or cancel your subscription at any time in accordance with your plan terms.
• We may suspend or terminate your access if you breach these Terms, fail to pay fees when due, or use the Services unlawfully or in a way that risks harm to us, other users, or third parties.
• On termination, your right to use the Services ends. We may delete Customer Data after a reasonable period, subject to legal retention requirements. You are responsible for exporting your data before termination where the feature is available.

13. Disclaimers

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will meet all your requirements or that any defects will be corrected. The Services are tools to help you manage your business and do not constitute legal, financial, tax, or medical advice.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data. Our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the total fees you paid to us for the Services in the three (3) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

15. Indemnification

You agree to indemnify and hold harmless Ebizsuit Solution, its directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your Customer Data, your use of the Services, your violation of these Terms, or your violation of any law or the rights of any third party (including your Members and Leads).

16. Confidentiality

Each party may have access to the other's confidential information. Each party agrees to protect the other's confidential information with reasonable care, to use it only to perform under these Terms, and not to disclose it except to those who need to know and are bound by similar obligations, or where disclosure is required by law.

17. Changes to these Terms

We may update these Terms from time to time to reflect changes in the Services or the law. We will post the revised Terms here with a new “Last updated” date and, where appropriate, notify you. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18. Governing law & disputes

These Terms are governed by and construed in accordance with the laws of India. Subject to the arbitration provision below, the courts at Bhubaneswar, Odisha shall have exclusive jurisdiction. Any dispute arising out of or relating to these Terms shall first be attempted to be resolved amicably; failing which, it shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, with the seat and venue at Bhubaneswar, Odisha, and proceedings conducted in English.

19. Grievance Officer & contact

In accordance with the Information Technology Act, 2000 and the rules thereunder, you may contact our Grievance Officer for any questions, complaints, or requests regarding the Services or these Terms: