Terms of Service

1. Acceptance of Terms

By accessing or using the Moden Fitness platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Moden Fitness ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any modifications.

2. Service Description

Moden Fitness provides a multi-tenant gym management software-as-a-service platform that enables fitness facilities ("Facilities") to manage:

• Member registrations and accounts
• Class schedules and bookings
• Membership subscriptions and payments
• Workout tracking and fitness progress
• Shop and honesty bar purchases
• Staff and coach management

The Service is provided "as is" and we make no guarantees regarding availability, uptime, or fitness for any particular purpose.

3. User Accounts & Registration

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 Account Eligibility

You must be at least 13 years old to create an account. Accounts for users under 18 may require parental or legal guardian consent and supervision as determined by the Facility.

4. Membership & Billing

4.1 Subscription Plans

Membership plans are offered by individual Facilities through our platform. Pricing, terms, and conditions are set by each Facility and are subject to change with reasonable notice.

4.2 Payment Processing

Payments are processed through third-party payment providers (Paystack, Yoco, or direct EFT). By making a payment, you authorize us and our payment partners to charge your selected payment method.

4.3 Recurring Payments

Subscription memberships automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time through your account settings or by contacting your Facility.

4.4 Refunds

Refund policies are determined by individual Facilities. Please contact your Facility directly for refund requests. We do not process refunds on behalf of Facilities.

5. Class Bookings & Cancellations

5.1 Booking Classes

You may book classes based on your membership level and class availability. Bookings are subject to capacity limits and may require advance notice.

5.2 Cancellation Policy

Cancellation policies vary by Facility. Late cancellations or no-shows may result in forfeiture of class credits or additional fees as determined by your Facility.

5.3 Class Changes

Facilities may modify, reschedule, or cancel classes at their discretion. We will make reasonable efforts to notify affected members of any changes.

6. User Responsibilities & Conduct

By using the Service, you agree to:

• Comply with all applicable laws and regulations
• Respect the rights and safety of other members and staff
• Follow all Facility rules and guidelines
• Not share your account credentials with others
• Not attempt to access unauthorized areas of the Service
• Not use the Service for any unlawful or harmful purpose
• Not interfere with the proper functioning of the Service

Violation of these responsibilities may result in suspension or termination of your account.

7. Health & Safety Disclaimer

You are solely responsible for your own safety during workouts. We and the Facilities are not liable for any injuries or health issues arising from your use of the Service or participation in fitness activities.

8. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Moden Fitness or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the Service without our express written permission.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Moden Fitness and its affiliates, officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or use
• Any personal injury or property damage arising from your use of the Service
• Any errors, mistakes, or inaccuracies in content
• Any interruption or cessation of the Service

Our total liability for any claims arising from these Terms or use of the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Moden Fitness, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Service.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting your Facility or through account settings. Termination does not entitle you to a refund of any fees already paid.

11.2 Termination by Us

We may suspend or terminate your account at any time, with or without cause, including for violation of these Terms. We will make reasonable efforts to notify you of any termination.

11.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall remain in effect.

12. Governing Law & Disputes

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

Any disputes arising from these Terms or your use of the Service shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the exclusive jurisdiction of the courts of South Africa.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email and/or prominent notice on our Service at least 30 days before changes take effect.

Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

15. Contact Information

For questions or concerns about these Terms, please contact us: