Terms of Use

Our Terms and Conditions of Use was last updated on August 13th, 2019. It governs the terms of use of the SimpleGym website and online gym management services, owned by SimpleGym LLC (“us”,”we”,”our”), and located at https://SimpleGym.io, the software and tools we provide you (the “Website” or the “Service”). 

Terms

By accessing SimpleGym.io, you are agreeing to be bound by these web site Terms and Conditions of Use (“Terms of Use”, “Terms and Conditions”, “Terms”, or “Agreement”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website or its services. The materials contained in this website are protected by applicable copyright and trademark law.

Any capitalized terms not defined in this Terms and Conditions, have the meaning as specified in our Privacy Policy located at https://www.SimpleGym.io/privacy.

Use License

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Permission is granted to temporarily download one copy of the materials (information or software) on SimpleGym’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on SimpleGym’s web site;
  • remove any copyright or other proprietary notations from the materials;
  • or transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by SimpleGym at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on SimpleGym’s website are provided “as is” without warranty of any kind. Without limiting the foregoing, SimpleGym expressly disclaims all warranties, whether expressed or implied or statutory, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. SimpleGym makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. 

SimpleGym provides no warranties, either express or implied, written or oral, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, with respect to any equipment, software or services, marketed by SimpleGym, but provisioned by a third party. The user agrees to exclusively look to the third-party provider of such equipment, software or services for remedy of loss or damages. 

Limitations

You assume full responsibility and risk of loss resulting from your downloading and / or use of files, information, content, services, or other material obtained from SimpleGym.

In no event shall SimpleGym or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on SimpleGym’s website, even if SimpleGym or a SimpleGym authorized representative has been notified orally or in writing of the possibility of such damage. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Without limiting the foregoing, if there are errors, omissions, interruptions or delays resulting from our performance or failure to perform, our liability shall be limited to correcting such errors, if commercially reasonable.

Fees Disclosure

There are two types of fees for using SimpleGym. (1) a monthly fee, and (2) credit / debit / ACH fees. 

Setup / Initiation / Cancellation Fees: There are no setup, initiation, or cancellation fees.

(1) Monthly Fee:  SimpleGym charges a flat monthly fee ($0 for gyms under 50 members, $20 for 51+, $70 for multi-location gyms, ) to use SimpleGym.

(2) Credit Card / Debit / ACH Fees: If you choose to accept member payments via SimpleGym there is an associated ACH, debit or credit card transaction fee on each transaction, as well as a cost for any chargebacks, returns, etc. And if you choose to purchase credit card processing hardware from us, there is a one-time purchase price for the equipment.

For credit / debit / ACH payments that you accept from your gym customers via the SimpleGym app, the following transaction costs shall apply:

  • 3.5% + $0.30 per Visa, MasterCard, Discover or American Express transaction.
  • 1.5% + $0.30  per ACH transaction.
  • An additional 1% fee is added for international transactions
  • $15 per chargeback
  • No Monthly Fee
  • No Minimum Volume Fee
  • No PCI Compliance Fee

Revisions, Errors & Links

The materials appearing on SimpleGym’s website could include technical, typographical, or photographic errors. SimpleGym does not warrant or make any representations concerning the accuracy, likely results, completeness, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

SimpleGym may make changes to the materials contained on its website at any time without notice. SimpleGym does not, however, make any commitment to update the materials.

SimpleGym has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SimpleGym of the site. Use of any such linked web site is at the user’s own risk.

Limitations of Damages: Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE OR DATA OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR THE INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with a third-party service provider that you were referred to, or to whom your application was submitted through use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code subsection 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Terms of Use Modifications

SimpleGym may revise these terms of use for its website at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to SimpleGym’s website or services shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect.

Any failure on the part of the SimpleGym to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

SimpleGym may assign or delegate these Terms of Service and / or the SimpleGym’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, any any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Changes To This Privacy Policy

This Privacy Policy is effective as of May 2, 2019 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Agreement, please contact us by opening a ticket on our support page.

We’re adding new features to SimpleGym daily (see latest additions). As a result, SimpleGym is moving from Beta on 1/1/20. Until then, all gym owners can use SimpleGym for free, then choose to stay free, or upgrade to a paid plan.

SimpleGym | Beta Announcement