TERMS OF SERVICE
Effective: 16 June 2026 · v2.0 · Supersedes all prior versions
Binding Agreement
Accessing or using GymShakti in any manner constitutes full acceptance of these Terms. If you do not agree, you must immediately cease use. Continued use after any posted amendment constitutes acceptance of the revised Terms.
1. Definitions
- Aymorix / We: Aymorix Technologies, owner and operator of GymShakti, Nagpur, Maharashtra, India
- Platform: GymShakti SaaS — all modules at app.gymshakti.in and associated APIs
- Business Client / You: Gym owner or fitness studio operator subscribed to GymShakti
- End User: Gym member whose data the Business Client enters into the Platform. Aymorix has no direct relationship with End Users.
- Subscription: Paid license to access the Platform for the selected billing period
- Prepaid Plan: Fees paid in full in advance before Platform access is granted
- Postpaid Plan: Fees invoiced in arrears after a usage period. Irrevocably binding once activated — see Section 6
- WABA: WhatsApp Business Account — registered to and operated by the Business Client
- Confidential Information: Pricing, architecture, workflows, and any non-public Platform information
- Intellectual Property: All code, UI, algorithms, brand assets, workflows, and documentation comprising the Platform
2. License Grant
Aymorix grants a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for internal management of the Business Client's registered gym, subject to these Terms and timely payment.
2.1 Prohibited Conduct
You shall not, and shall not permit any third party to:
- Reverse-engineer, decompile, or attempt to derive source code, algorithms, or data models from the Platform
- Reproduce, resell, sublicense, or distribute the Platform or any component to any third party
- Use bots, scrapers, crawlers, or automated tools to extract any data from the Platform
- Share login credentials or enable concurrent sessions from multiple locations on a single account
- Use the Platform to process data for any business entity other than the registered Business Client
- Perform penetration testing or vulnerability scanning without express prior written consent from Aymorix
- Circumvent authentication, rate limits, or access controls
3. Intellectual Property
- All rights in the Platform — including source code, UI, database schema, automation workflows, and brand assets — vest exclusively in Aymorix Technologies
- The license granted in Section 2 confers no ownership rights. All goodwill from GymShakti branding inures to Aymorix
- Business Client retains ownership of data they input. Business Client grants Aymorix a royalty-free license to process, store, and transmit that data solely to provide the Service
- All feedback, feature suggestions, or ideas submitted by the Business Client are automatically assigned to Aymorix as a royalty-free, perpetual, irrevocable license. Business Client acquires no IP rights in any feature developed from such input
- Aymorix may generate anonymized, non-identifiable aggregate analytics from Platform usage for internal development and marketing. No consent is required for this
- The Platform's published feature list at app.gymshakti.in at the time of subscription is the definitive scope of service. No oral representations, sales communications, or demo screenshots create additional obligations
4. Feature Modification & Beta Shield
- Aymorix may add, modify, suspend, or permanently remove any Platform feature at any time without prior notice and without liability
- Features designated as Beta, Preview, or Experimental are excluded from all SLA commitments, warranty provisions, and liability calculations entirely
- The removal or modification of a feature does not constitute a service failure, breach of contract, or grounds for refund unless the feature was the sole component of the subscribed plan
- Aymorix's published roadmap is indicative only and creates no contractual obligation to deliver any feature by any date
5. Acceptable Use & WhatsApp
- Platform may only be used for lawful gym and fitness business management
- WhatsApp Automation module may only be used to send messages to End Users who have explicitly opted in
- Business Client must comply with TRAI TCCCPR regulations and Meta's WhatsApp Business Policy for all automated messaging
- API resource abuse — including bulk imports over 500 records/hour, WhatsApp blasts over 1,000/day on non-eligible plans, or API polling below 5-second intervals — is prohibited
5.1 WhatsApp Liability
- Aymorix provides the automation workflow; the WABA belongs to and is operated by the Business Client
- Aymorix bears no liability for any Meta-initiated restriction, suspension, or permanent ban of the Business Client's WABA, regardless of cause
- A WhatsApp ban does not constitute Platform failure and does not entitle the Business Client to any refund, credit, or fee suspension
- All TRAI complaints, consumer forum proceedings, or court claims arising from WhatsApp messages are the exclusive liability and cost of the Business Client
- Business Client indemnifies Aymorix in full against any third-party claim arising from the Business Client's WhatsApp messaging practices
5.2 Audit Right
Aymorix reserves the right to audit any Business Client's Platform usage with 24 hours' written notice. Business Client must cooperate fully. Audit findings of prohibited conduct trigger immediate suspension under Section 9 without further notice.
6. Billing — Prepaid & Postpaid
6.1 Prepaid
Prepaid fees are due in full before access is granted. Current pricing: Starter (6-month) Rs.1,999, (12-month) Rs.3,299; Growth (6-month) Rs.3,499, (12-month) Rs.5,499; Pro (6-month) Rs.5,999, (12-month) Rs.9,999; Pay-as-you-Go Rs.6–8/member/month.
6.2 Postpaid — Irrevocable Lock-In
Activating Postpaid billing is an irrevocable commitment. The Business Client may not revert to Prepaid for the same registered business entity for any reason, including cancellation and resubscription. Any new subscription by the same entity will only be offered under Postpaid terms. For sole proprietorships, the individual signing this Agreement personally guarantees all Postpaid payment obligations.
- Postpaid invoices generated on the 1st of each month for prior month's usage; due within 7 calendar days
- Late payment attracts 2% per month penalty on the outstanding balance
- Non-payment beyond 7 days past due date triggers immediate access suspension
- Outstanding Postpaid dues surviving cancellation are pursued as a recoverable business debt — including third-party recovery agencies, credit reference reporting, and civil proceedings in Nagpur courts at the Business Client's cost
- Aymorix holds a contractual lien on data export access until all outstanding Postpaid dues are settled in full
6.3 Payment Obligations — General
- All fees are exclusive of taxes; Business Client is solely responsible for applicable GST
- Force majeure events do not excuse any payment obligation
- Business Client may not withhold, deduct, or set off any amount owed to Aymorix against any claim, dispute, or counterclaim
- Aymorix may revise pricing with 14 days' written notice. Non-cancellation within that period constitutes acceptance of revised pricing
7. Confidentiality
- Each party holds the other's Confidential Information in strict confidence for the duration of this Agreement and 3 years post-termination
- Business Client may not share Aymorix's pricing, technical architecture, workflow logic, or feature design with any competitor or third party
- Business Client grants Aymorix the right to reference the Business Client's name and non-confidential outcomes in case studies and marketing materials
8. Warranties & Disclaimer
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AYMORIX DISCLAIMS ALL WARRANTIES — EXPRESS, IMPLIED, OR STATUTORY — INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND UNINTERRUPTED OPERATION.
Aymorix does not warrant: (a) uninterrupted or error-free operation; (b) that the Platform will meet every specific business requirement; (c) accuracy of third-party API integrations including WhatsApp and Razorpay; or (d) that beta features will become generally available.
9. Suspension & Termination
9.1 Termination by Business Client
Cancellation via dashboard or written notice to support@gymshakti.in. Takes effect at end of current billing period. No refund for the active period. Postpaid subscribers remain liable for all accrued dues.
9.2 Immediate Suspension by Aymorix — Without Notice
Suspension may occur immediately and without liability in the event of:
- Breach of any prohibition in Section 2.1
- API abuse, credential sharing, or concurrent session anomalies detected by monitoring
- Non-payment of Prepaid fees or Postpaid invoices past grace period
- Fraudulent activity or false records
- WhatsApp AUP violation (Section 5)
- Receipt of a valid court order
9.3 Post-Termination
- All licenses cease immediately on termination
- Data export available for 30 days in Aymorix's standard format only — no migration assistance obligated
- After 30 days, Aymorix may permanently delete all data
- Postpaid dues, confidentiality, IP, jurisdiction, and indemnification clauses survive termination indefinitely
- AUP and prohibited conduct obligations survive termination — actions during the subscription period remain actionable
10. Limitation of Liability
- Aymorix's total aggregate liability to any Business Client shall not exceed fees paid in the three (3) months preceding the event giving rise to the claim, and shall in no case exceed INR 18,000
- Aymorix is not liable for: indirect, incidental, consequential, or punitive damages; loss of revenue, data, goodwill, or business opportunity; WhatsApp account bans; third-party service outages
- This limitation does not apply to the Business Client's indemnification obligations or IP breach liability to Aymorix — those are uncapped
11. Indemnification
Business Client shall indemnify, defend, and hold harmless Aymorix, its directors, employees, and contractors against all claims, losses, penalties, and legal costs arising from:
- Breach of any provision of these Terms
- Violation of any applicable law
- Any End User claim arising from the Business Client's data collection, consent, or business practices
- WhatsApp messaging practices including TRAI complaints and Meta-initiated account actions
- Any legal proceedings initiated by the Business Client in a court outside Nagpur in violation of Section 12
12. Governing Law & Jurisdiction
These Terms are governed by the laws of India.
All disputes, claims, proceedings, and applications arising under or related to this Agreement shall be brought exclusively before the competent courts of Nagpur, Maharashtra, India. Business Client irrevocably submits to personal jurisdiction in Nagpur and waives any right to challenge venue. Filing in any other court or consumer forum in India is a material breach of this Agreement and triggers immediate account suspension and recovery of Aymorix's legal costs from the Business Client.
Emergency injunctive relief (IP protection, attachment orders) may be sought by Aymorix in any competent court in India without this constituting a waiver of the Nagpur exclusive jurisdiction clause.
12.1 Arbitration
- All disputes not resolved by negotiation within 30 days of written notice shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996
- Seat and venue: Nagpur, Maharashtra, India
- Sole arbitrator mutually appointed; if no agreement, appointed by the competent Nagpur court
- Language: English. Proceedings: confidential. Award: final and binding
- BUSINESS CLIENT WAIVES ALL RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST AYMORIX. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY.
13. General
- Entire Agreement: These Terms, the Privacy Policy, and the Cancellation & Refund Policy constitute the entire agreement and supersede all prior representations
- Severability: If any provision is unenforceable, remaining provisions continue in full force
- No Waiver: Failure to enforce any right is not a waiver. Waivers must be in writing signed by Aymorix
- Assignment: Business Client may not assign this Agreement. Aymorix may assign freely in connection with corporate restructuring or asset sale
- Force Majeure: Aymorix is not liable for delays due to causes beyond its control. Force majeure does not excuse any payment obligation
- Amendments: Aymorix may amend these Terms at any time with 14 days' notice. Continued use = acceptance
14. Contact
By subscribing to or using GymShakti, the Business Client accepts these Terms in full — including the Postpaid lock-in (Section 6.2), WhatsApp liability (Section 5.1), and exclusive Nagpur jurisdiction (Section 12). Continued use constitutes ongoing acceptance.