Terms of Service

01Who these terms are between

These Terms are an agreement between POCKETLY TECH LLP, a limited liability partnership registered in India at First Floor, B/7, 102, Plot No. 13, Orchids, Bhawani Nagar, Marol Naka, Mumbai, Maharashtra 400059, GSTIN 27ABJFP3768J1ZM(“we”, “us”), and the person or business that creates a GymKeeping account (“you”, “the Gym”).

GymKeeping is the name of our software, not a legal person. Every contract, invoice and payment under these Terms is with Pocketly Tech LLP.

By creating an account you accept these Terms. If you accept on behalf of a business, you confirm you are authorised to bind it.

02What the Service is, and what it is not

GymKeeping is business software for running a gym: memberships, tax invoices, collections, expenses, classes, and reminders to your members.

We are a software provider only. We do not operate your gym, employ your staff, supervise training, or take responsibility for safety at your premises.

Invoices the Service produces for your members are your documents, issued in your name under your tax registration and the settings you configure. You are responsible for their accuracy and for your own tax compliance. We provide the tooling, not tax advice.

An account starts in setup, where you can configure and explore but not operate. Full operation needs an active Subscription.

03Your account and your team

• Give accurate registration details and keep them current.
• You are responsible for everything done under your account, including by every Gym User you invite and the roles you grant them.
• Keep credentials confidential and tell us promptly at pocketlytech@gmail.com if you suspect unauthorised access.
• One account belongs to one gym business. You may add Branches within it, but may not resell or provide the Service to a business that is not yours without our written agreement.

04Subscription, fees and taxes

A Subscription is sold per gym account, not per Branch, and billed monthly in advance at the price shown when you purchase. Each plan includes a set number of active members, Branches and staff logins; the current numbers are shown on our pricing page and in Settings.

Payment is collected through Razorpay. By subscribing you authorise recurring collection until you cancel. We do not store your card details; Razorpay does.

Fees exclude GST unless stated. We issue a GST invoice from Pocketly Tech LLP for every payment, at SAC 997331.

We may change prices on 30 days' notice by email, effective at your next renewal. If you do not accept a change, you may cancel.

If a payment fails we may retry it and may suspend the Service until it succeeds. Suspension does not delete your data.

05Changing your plan

Moving to a larger plan takes effect immediately. You pay the difference between the two plans for the rest of the billing period you have already paid for, then the larger plan’s price from your next renewal. Where your bank mandate cannot be repriced — UPI AutoPay mandates are fixed to one amount — that difference is collected as a separate one-off payment and a new mandate is authorised for the ongoing price. If you do not complete the one-off payment, the larger plan simply begins at your next renewal and you are charged nothing extra.

Moving to a smaller plan takes effect at the end of the billing period you have already paid for. Nothing changes before then, and nothing is refunded for the period in progress because that period is already served. You may cancel a scheduled move to a smaller plan at any time before it takes effect.

A move to a larger plan cannot be reversed once you have authorised it, because the mandate for your previous plan has been cancelled by then. You can instead schedule a move to a smaller plan, which takes effect at your next renewal.

If a smaller plan does not fit what you currently have, you choose what to keep before the change is scheduled — which Branches and which staff logins. On the effective date, whatever you did not keep is switched off and members above the new limit are paused, newest first. Nothing is deleted, and all of it comes back if you move to a larger plan again.

Anything created with a feature your new plan does not include stops working from the effective date. The case most likely to reach your Members is discount coupons: a coupon created on a plan that includes them cannot be redeemed on a plan that does not.

We may withdraw a plan from sale at any time. If you are already on it, you keep it on the terms you bought it under and can continue to manage it or leave it.

06Cancellation and refunds

You may cancel at any time; cancellation takes effect at the end of the current billing period. Refunds are governed by our Refund & Cancellation Policy, which forms part of these Terms.

07Acceptable use

You must not, and must not let any Gym User:

• upload unlawful, defamatory or infringing content;
• upload member data you have no lawful basis to hold;
• send messages that breach the messaging section below;
• attempt to access another gym’s data, or probe or test our security without written permission;
• reverse engineer, resell, sublicense or white-label the Service;
• store payment card numbers, passwords, or health records beyond the fields the Service provides.

We may suspend or terminate access immediately for a breach of this section where continuing would expose us or other customers to legal or operational risk. Where practical we will tell you first.

08Messaging — reminders to your members

The Service can send membership reminders and related messages to your members over WhatsApp, SMS and email. You appoint us as your agent to send them on your behalf, generated from the data and templates you configure.

For every member you message through the Service, you confirm that:

• you have obtained and can evidence their consent to be contacted on that channel, for that purpose;
• the contact details you hold are accurate and belong to that member;
• you will action opt-out requests promptly, including any we pass on to you;
• you will not use the Service for messages unrelated to that member’s relationship with your gym.

We honour opt-outs at the platform level. If a member opts out through the messaging channel, we may stop sending to them regardless of your settings, and will record it.

You will indemnify us against claims, penalties and costs arising from messages sent on your instruction in breach of the confirmations above — including regulatory action and platform penalties imposed on our sender accounts.

We cannot guarantee delivery. Carriers, messaging platforms and mailbox providers may delay, filter or reject messages for reasons outside our control.

09Your data, and ours

You own your data. As between you and us, you keep all rights in the member and business data you put into the Service. We claim no ownership of it, and you grant us a licence to host, process and transmit it strictly to provide the Service, support you, and meet our legal obligations.

We own the Service. Rights in the software, the GymKeeping brand and our documentation stay with us. These Terms grant you a non-exclusive, non-transferable right to use the Service during your Subscription and nothing more.

We may compile aggregated, de-identified statistics about how the Service is used, to operate and improve it. This will never identify you, your Gym Users or any member.

10Data protection

For the member and Gym User data you put into the Service, you are the Data Fiduciary and we are the Data Processor within the meaning of the Digital Personal Data Protection Act, 2023. We process that data only on your instructions, being these Terms and your use of the Service’s features.

The Data Processing Terms in the Schedule below apply and form part of these Terms. Our own handling of your data as our customer is described in our Privacy Policy.

11Availability, warranties and liability

We aim to keep the Service available but do not promise uninterrupted access, and may take it down for maintenance. The Service is provided “as is”; to the extent the law allows we exclude implied warranties, including fitness for a particular purpose and that the Service will be error-free.

We are not liable for:

• loss of profit, revenue, goodwill or anticipated savings;
• disputes between you and your members;
• your tax positions or filings;
• loss caused by data you entered incorrectly;
• messages a carrier or platform failed to deliver.

Our aggregate liability relating to a paid Service will not exceed the fees paid for that Service in the 6 months before the event giving rise to the claim. Nothing excludes liability that cannot lawfully be excluded, including for fraud or for death or personal injury caused by negligence. These limits do not cap your own indemnity obligations above.

12Termination and what happens to your data

Either of us may end this agreement for convenience — you by cancelling, us on 30 days' notice. We may terminate immediately for material breach, for non-payment after notice, or for a breach of the acceptable-use or messaging sections.

13General

• Changes. We may amend these Terms, giving at least 14 days’ notice of material changes by email or in the Service. Continuing to use the Service after a change takes effect means you accept it.
• Disputes. Before either of us starts proceedings we will spend 30 days trying to resolve the matter by good-faith written discussion.
• Governing law and jurisdiction. The laws of India; the courts at our registered-office location (Mumbai, Maharashtra) have exclusive jurisdiction.
• Grievances. Our Grievance Officer’s details are on the Contact page, as required by the Information Technology Act, 2000.
• Assignment. You may not assign these Terms without our consent. We may assign to a successor of our business, on notice.
• Force majeure, severability, entire agreement. Neither party is liable for failure caused by events beyond reasonable control. If a provision is unenforceable the rest stands. These Terms, the Refund Policy, the Privacy Policy and the Schedule are the whole agreement on this subject. Nothing here creates a partnership, joint venture or employment relationship.

14Schedule — Data Processing Terms

These apply where we process personal data on your behalf. You are the Data Fiduciary; we are the Data Processor. The processing lasts for your Subscription plus the retention window above, and covers storage, retrieval, organisation, transmission and deletion of member and Gym User data to operate memberships, invoicing, collections, classes and messaging.

We will process only on your instructions, keep the data confidential, apply the security measures described in the Privacy Policy, not engage a sub-processor except as listed below, assist you with Data Principal requests, and delete or return the data at the end of the retention window.

We will give 30 days' notice before adding or replacing a sub-processor that processes member data, and you may terminate if you reasonably object.

We will notify you without undue delay, and within 72 hours of becoming aware, of a personal data breach affecting your data, with the information you need for your own reporting obligations.

Where a member contacts us directly we will refer them to you rather than answer for you, beyond acknowledging them. On reasonable notice, and no more than once a year unless a regulator requires it, we will provide the information reasonably needed to show we are complying with this Schedule.