Terms of Service

1. Agreement to Terms

By accessing or using ClearGym ("Service", "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all visitors, users, gym operators, and others who access or use the Service.

2. Definitions

• "Organisation" refers to the gym, fitness facility, or business entity using ClearGym
• "Owner" refers to the primary account holder with full administrative access
• "Staff" refers to managers, trainers, and front desk personnel with limited access
• "Member" refers to gym members managed through the Platform
• "Platform Subscription" refers to the gym's subscription to use ClearGym (£49/month)
• "Member Subscription" refers to gym memberships processed through Stripe Connect

3. Service Description

ClearGym is a SaaS platform that provides:

• Member management and database
• Payment processing via Stripe Connect and Bacs Direct Debit
• Digital PAR-Q (Physical Activity Readiness Questionnaire) and liability waivers
• Staff management with role-based access control
• Email broadcasts and communication tools
• Tools to help you handle personal data under UK GDPR

We reserve the right to modify, suspend, or discontinue any part of the Service with notice.

4. Account Registration and Eligibility

4.1 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use ClearGym. Organisations must be legitimate businesses operating in compliance with local laws.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access
• Ensuring your staff members have appropriate access levels

4.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

5. Platform Subscription and Billing

5.1 Subscription Fee

The Platform Subscription costs £49 per month, or £490 per year, billed via Stripe. No VAT is charged. This fee grants your Organisation access to ClearGym's features. ClearGym does not take any commission on payments your members make to you.

5.2 Free Trial

New accounts receive a 30-day free trial. No credit card is required until the trial ends. If you do not subscribe before the trial expires, your account will be suspended.

5.3 Billing Cycle

Subscriptions automatically renew monthly or yearly, according to the plan you choose, on the anniversary of your subscription date. You will be charged at the beginning of each billing cycle.

5.4 Payment Methods

Payment is processed securely via Stripe. You authorise us to charge your payment method for all fees. If payment fails, we will attempt to contact you and may suspend service.

5.5 Refund Policy

Platform subscription fees are non-refundable except where required by law. You may cancel at any time, and service will continue until the end of your billing period.

5.6 Price Changes

We reserve the right to change subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle after the notice period.

Organisations that subscribed under our earlier founding-gym offer keep the free period and the price lock they were given. That offer is closed: every other Organisation pays the standard price, £49/month, after the 30-day trial described in section 5.2.

6. Member Payments and Stripe Connect

6.1 Payment Processing

Member subscription payments are processed through Stripe Connect. You must create and maintain a Stripe Connect account to accept member payments.

6.2 Stripe Terms

By using Stripe Connect, you agree to Stripe's Connected Account Agreement (opens in a new tab) and Terms of Service (opens in a new tab).

6.3 Processing Fees

Stripe's standard fees apply, as published at stripe.com/gb/pricing (opens in a new tab); ClearGym takes no share of them.

These fees are charged by Stripe to your gym directly, are separate from your ClearGym subscription, and include Stripe Billing's fee on recurring membership payments.

6.4 Your Responsibilities

You are responsible for:

• Setting appropriate membership prices and billing cycles
• Complying with consumer protection laws
• Handling refunds and disputes with your members
• Maintaining accurate billing information

7. Email Broadcasts

7.1 Included Emails

Each Organisation may send 5,000 broadcast emails per month at no extra charge. The allowance resets on the first day of each month and does not roll over. Transactional emails (such as booking confirmations) do not count towards it.

7.2 Additional Credits

Broadcast emails beyond the monthly allowance use credits, which can be purchased:

• 10,000 credits: £10
• 25,000 credits: £20
• 50,000 credits: £35

Credits do not expire and are non-refundable.

7.3 Anti-Spam Policy

You must comply with all anti-spam laws (CAN-SPAM, GDPR). Recipients must have opted in to receive marketing emails and can unsubscribe at any time. Violation may result in immediate account suspension.

8. Acceptable Use Policy

8.1 Prohibited Activities

You agree not to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorised access to the Platform
• Use the Service for fraudulent activities
• Send spam or unsolicited communications
• Impersonate others or provide false information
• Scrape or harvest data from the Platform
• Interfere with or disrupt the Service

8.2 Enforcement

We reserve the right to investigate and take appropriate action against violations, including:

• Warning notices
• Temporary account suspension
• Permanent account termination
• Legal action

9. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy. By using ClearGym, you consent to our collection, use, and disclosure of your data as described in the Privacy Policy.

9.1 Data Controller Responsibilities

As a gym operator, you are the data controller for your members' personal data. You are responsible for:

• Obtaining proper consent to collect and process member data
• Providing clear privacy notices to your members
• Handling data subject access requests
• Ensuring lawful basis for processing medical/health data
• Complying with GDPR and UK data protection laws

9.2 Data Processor Role

ClearGym acts as a data processor, processing member data on your behalf. We implement appropriate technical and organisational measures to protect data security.

ClearGym support staff can, to fix a fault or at your request, carry out a limited set of actions on your gym's records, such as retrying a failed refund or email, resending an invitation or re-checking a member's subscription with Stripe. Each action is recorded in an internal audit log with who did it and which gym it concerned.

9.3 Data Retention

ClearGym keeps member data for as long as it is needed to provide the Service. When a member's membership ends, their health data is deleted automatically 12 months later, unless you have chosen a longer period (up to 7 years) because your insurer requires it. Signed waivers are kept as a record of the agreement. You can deactivate a member at any time to stop them logging in and cancel their subscription; deactivation keeps their data.

10. Intellectual Property

10.1 Our IP

The Service, including all content, features, functionality, software code, design, and trademarks, is owned by ClearGym and is protected by copyright, trademark, and other intellectual property laws.

10.2 Your Data

You retain all rights to your data (member information, communications, etc.). You grant us a limited licence to use your data solely to provide the Service.

10.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without compensation or attribution.

11. Liability and Disclaimers

11.1 Service Availability

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee uninterrupted, error-free, or secure service.

11.2 Limitation of Liability

To the maximum extent permitted by law, ClearGym shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages exceeding the amount you paid in the past 12 months

11.3 Your Responsibilities

You are solely responsible for:

• Your gym's operations and member relationships
• Liability waivers and risk assessments
• Compliance with health and safety regulations
• Insurance coverage for your business
• Disputes with members or staff

11.4 Indemnification

You agree to indemnify and hold ClearGym harmless from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of third parties.

11.5 AI-Generated Training Plans

ClearGym offers an AI-assisted training plan generation feature as a convenience tool. Training plans produced by this feature are suggestions only and must be reviewed, approved, and delivered to members by a suitably qualified and competent person within your Organisation (such as a qualified personal trainer or fitness instructor).

You are solely responsible for ensuring that any AI-generated training plan is appropriate for the individual member before it is provided to them. ClearGym accepts no responsibility or liability for the content, suitability, or safety of AI-generated training plans, or for any injury, loss, or damage arising from their use.

12. Account Suspension and Termination

12.1 Your Right to Terminate

You may cancel your subscription at any time through the billing settings. Cancellation takes effect at the end of your current billing period.

12.2 Our Right to Suspend/Terminate

We may suspend or terminate your account immediately if:

• You breach these Terms
• Payment fails after multiple attempts
• We reasonably believe your account poses a security risk
• You engage in fraudulent or illegal activities
• Required by law or regulatory authority

12.3 Data Upon Termination

Upon termination, you have 30 days to export your data. After 90 days, we will delete your data per our Privacy Policy, except where retention is required by law.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via:

• Email to your registered address
• In-app notification
• Updated "Last updated" date on this page

Continued use of the Service after changes constitutes acceptance of the new Terms. If you disagree, you must cancel your subscription.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through:

1. Good faith negotiation between parties
2. Mediation (if negotiation fails)
3. Courts of England and Wales (if mediation fails)

14.3 Class Action Waiver

To the extent permitted by law, you agree that disputes must be brought on an individual basis only, not as a class action or collective proceeding.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ClearGym.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms at any time.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, pandemics, strikes, government actions, etc.).

16. Contact Information

If you have questions about these Terms of Service, please contact us:

• Email: support@cleargym.uk
• Legal: legal@cleargym.uk