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.
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.
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.
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.
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.
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.