General Terms and Conditions

1.1 These General Terms and Conditions (GTC) govern all legal relationships between My Gym App GmbH and its customers (hereinafter "Customer"). Customers include fitness studios, gyms, personal training providers, clubs, and comparable businesses using the My Gym App software-as-a-service (SaaS) solution.

1.2 The GTC apply to all contracts, services, and offers of My Gym App, particularly to the use of the web-based studio and member management software, customer apps, webshops, access and payment systems, as well as all additional modules.

1.3 Deviating or supplementary conditions of the customer do not apply unless My Gym App has expressly agreed to their validity in writing.

2.1 My Gym App provides the customer with a cloud-based software solution facilitating, in particular, the following functions:

• Member and contract management
• Subscription and payment processing, for example via Stripe, TWINT, or credit card
• Webshop for digital contract completions
• Access and entry systems, such as QR code and hardware integrations
• Training plans, class and appointment management
• Invoicing, dunning and reports
• Customer and staff apps

2.2 Services are provided exclusively as SaaS. The customer does not acquire ownership of the software but a time-limited, non-transferable right of use.

2.3 The specific scope of services results from the individually concluded contract, the service description on the website, and any supplementary agreements.

3.1 The contract is concluded by signing a license or usage agreement, digital acceptance, or by activation of the software by My Gym App.

3.2 My Gym App reserves the right to refuse contract conclusions without stating reasons.

4.1 For the duration of the contract, My Gym App grants the customer a simple, non-exclusive, non-transferable right to use the software.

4.2 The customer is not entitled to:

• to reproduce, modify or distribute the software,
• to decompile or reverse engineer the source code,
• to permit third parties to use the software.

4.3 Upon contract termination, the right of use expires automatically.

5.1 The customer is obliged to use the software exclusively in accordance with the contract.

5.2 The customer is responsible for the accuracy, completeness, and legality of all data entered, especially member, payment, and contract data.

5.3 The customer ensures that all necessary legal bases towards its end customers (members) are established, especially privacy notices, consents, and contract clauses.

5.4 Access data must be treated confidentially and protected against third-party access.

6.1 The license and usage fees agreed in the contract apply.

6.2 All prices are in Swiss Francs (CHF) plus statutory VAT unless expressly stated otherwise.

6.3 Recurring fees are due in advance.

6.4 In case of payment default, My Gym App is entitled to:

• to temporarily block access to the software,
• Charge default interest according to Swiss law,
• to charge a reasonable processing and reminder fee.

7.1 My Gym App uses third-party providers, such as payment service providers, hosting providers, and hardware partners.

7.2 The terms and conditions of these third parties apply. My Gym App assumes no liability for their services.

8.1 My Gym App aims for high system availability but cannot guarantee it at all times.

8.2 Maintenance work, updates, and further developments may lead to temporary restrictions.

8.3 Support services are provided according to the contractual agreement.

9.1 My Gym App is liable only for damages caused by intentional or grossly negligent behavior.

9.2 Liability for indirect damages, consequential damages, lost profits, data loss, or business interruptions is excluded to the extent legally permissible.

9.3 My Gym App has daily data backups performed via the partner Metanet. Backups are retained for a maximum of five (5) days retroactively.

10.1 My Gym App processes personal data in accordance with the Swiss Data Protection Act (DSG).

10.2 Details of data processing are provided in the separate Privacy Statement geregelt.

10.3 The customer remains the data controller towards its end customers under data protection law.

11.1 The contract duration is determined by the concluded contract.

11.2 Ordinary terminations are possible observing the agreed notice period.

11.3 The right to terminate without notice for good cause remains reserved.

12.1 My Gym App is entitled to amend these GTC.

12.2 Changes will be communicated to the customer in a timely manner and are deemed approved unless the customer objects within a reasonable period.

13.1 All rights to the software, trademarks, logos, and content remain with My Gym App.

13.2 Use beyond the contractual purpose is prohibited.

14.1 Exclusively Swiss law applies.

14.2 Jurisdiction is the seat of My Gym App GmbH, unless mandatory law dictates otherwise.

Should individual provisions of these terms and conditions be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The parties undertake to replace the invalid provision with an economically as equivalent as possible regulation.