Last Updated: January 2026
1. Definitions
- "Company", "We", "Our" or "Us" means Coderstm and its affiliates, successors, and assigns.
- "Client" or "You" means the individual or entity using the Services. Where more than one Client has entered into this agreement, the liability of the Clients under it shall be joint and several.
- "Software" means the gym management software provided by Company known as "Gympify".
- "Services" means all services supplied by Company through the Software to the Client, including but not limited to gym management tools, billing, scheduling, and support.
2. Acceptance of Terms
By accessing or using the Gympify website and services, or by clicking a box indicating your acceptance, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Services. These Terms constitute a binding legal agreement between you and Coderstm.
3. Services
Company will supply the Software and carry out the following Services for the Client:
- Provide the Client with remote access to the Software.
- Provide administration, maintenance, and support services in relation to the Software.
- Provide storage of Client data within the Software.
- Provide regular updates and improvements to the Software.
4. Payment and Subscription
Certain Services are provided on a subscription basis. You agree to pay all applicable fees as described on our pricing page or as agreed in writing.
- Billing: Subscription fees are billed in advance on a monthly or annual basis. Payment will be charged to the Client’s provided payment method.
- Taxes: All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, including Goods and Services Tax (GST) for customers in India. You are responsible for payment of all such taxes.
- Price Changes: We reserve the right to change our prices at any time. We will provide you with reasonable notice of any price changes.
- Refunds: Unless otherwise required by applicable law (including the Consumer Protection Act, 2019), payments are non-refundable.
5. Responsibilities of Company
Company will provide the Services with reasonable care, skill, and diligence. We will use commercially reasonable efforts to:
- Ensure that the Client receives continual and uninterrupted Services during the term of this Agreement, subject to necessary maintenance periods.
- Maintain the security and integrity of the Software and Client data.
- Provide support to resolve technical issues in a timely manner.
- Notify the Client of any planned maintenance that may affect service availability.
6. Responsibilities of Client
The Client is responsible for:
- Making timely payments for the Services in accordance with this Agreement.
- Maintaining the confidentiality of account credentials and notifying Company immediately of any unauthorized use.
- Ensuring that all data provided to Company is complete and accurate.
- Using the Services in compliance with all applicable laws and regulations.
- Not using the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Service.
7. Security and Risk
We implement industry-standard security measures to protect your data (see our Security Policy). However, you acknowledge that no method of transmission over the Internet or electronic storage is 100% secure. You are responsible for maintaining the security of your local environment and account credentials.
8. Software Warranties and Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Company does not warrant that the Services will be uninterrupted, timely, secure, or error-free. Any third-party software or integrations are provided at the Client's own risk.
9. Regulatory Requirements
The Client is solely responsible for compliance with all local laws and regulatory requirements applicable to their business operations, including but not limited to health and safety regulations, entry barriers, and fire safety codes. For data protection regulations, please refer to our GDPR Compliance page. Company shall not be liable for any failure by the Client to comply with such requirements.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CODERSTM, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless Coderstm and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
12. Confidentiality
Each party agrees to hold in confidence all confidential information of the other party and not to disclose such information to any third party except as required by law or for the purpose of performing this Agreement. This obligation survives the termination of this Agreement.
13. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
You may terminate your account by providing us with written notice. Upon termination, your right to use the Services will immediately cease.
14. Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, and audio) are owned by Coderstm or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Software solely for your internal business purposes.
You agree not to reverse engineer, decompile, or disassemble the Software, or create derivative works based on the Software.
15. Fair Use Policy
We may apply a Fair Use Policy if your usage of the Services is excessive or unreasonable compared to average customer profiles. If your usage significantly exceeds normal patterns, we may require you to reduce your usage or pay additional fees.
16. Privacy and Data Protection
We respect your privacy and are committed to protecting your personal data. Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate.
17. Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms, the parties shall endeavor to resolve the dispute amicably through good faith negotiations. If the dispute cannot be resolved informally, it shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India).
18. General Provisions
- Governing Law: These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. The courts of West Bengal, India shall have exclusive jurisdiction.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
- Entire Agreement: These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
- Changes to Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Material changes will be properly notified.
19. Contact Us
If you have any questions about these Terms, please contact us at: [email protected].
Coderstm
18/A, Jader Box Lane, Kanchrapara
North 24 Parganas
WB - 743145, India
20. Grievance Officer
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Grievance Officer: Legal Team
Email: [email protected]
Address: Coderstm, 18/A, Jader Box Lane, Kanchrapara, WB - 743145, India