Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Better Gym Management platform ("Service"), operated by Leighds LLC ("Company," "we," "us," or "our"), accessible at bettergms.com and related subdomains.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

Description of Service

Better Gym Management is a cloud-based software-as-a-service (SaaS) platform designed for fitness businesses. The Service provides tools for:

• Member management and enrollment
• Automated billing and payment processing
• Check-in systems (barcode scanning)
• Point of sale and inventory management
• Digital contracts and electronic signatures
• Customer relationship management (CRM)
• Member self-service portals
• Email and SMS communications
• Business reporting and analytics

The Service is provided on a subscription basis. We may update, modify, or add features to the Service at any time without prior notice.

Account Registration & Responsibilities

To use the Service, you must create an account by providing accurate and complete information, including your gym name, your name, email address, and login credentials.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring that all staff accounts created under your gym are used appropriately
• Notifying us immediately of any unauthorized access to your account
• Keeping your account information accurate and up to date

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

Subscription & Payment Terms

Gym Owner Subscription: Access to the Service requires a paid subscription of $199.99 per month. This is a flat-rate fee with no per-member charges, no transaction fees, and no long-term contracts. Your subscription begins when you first activate billing and renews automatically each month.

Payment Processing: Subscription payments are processed through our payment provider. You agree to provide valid payment information and authorize recurring charges.

Member Payments:Gym members pay their gym directly through the Service via Stripe. Members provide payment information (credit card or ACH/bank account) to their gym, and those transactions are processed through the gym's own Stripe account. Leighds LLC is not a party to the financial relationship between a gym and its members.

Price Changes:We may change subscription pricing with at least 30 days' written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

Refunds: Subscription fees are non-refundable. If you cancel your subscription, you will retain access through the end of your current billing period.

Member Data & Multi-Tenancy

The Service operates on a multi-tenant architecture. Each gym ("Tenant") has its own isolated data environment. This means:

• Data Ownership: You (the gym owner) own all member data, business records, and content you create or collect through the Service. Leighds LLC does not claim ownership of your data.
• Data Processing: Leighds LLC acts as a data processor on your behalf. We process member data solely to provide and maintain the Service.
• Tenant Isolation: Your data is logically separated from other gyms on the platform. No other gym can access your member information, billing records, or business data.
• Your Obligations: As the data controller, you are responsible for obtaining appropriate consent from your members for data collection and processing. You must comply with all applicable data protection laws in your jurisdiction.

Upon termination of your account, you may request an export of your data. See our Privacy Policy for more details on data handling.

Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Store, transmit, or process data unrelated to gym management operations
• Attempt to access another tenant's data or circumvent security measures
• Upload malicious code, viruses, or harmful content
• Send unsolicited communications (spam) to gym members or any third parties
• Misrepresent your identity or affiliation with any person or organization
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service for any illegal, fraudulent, or deceptive purpose
• Resell or sublicense access to the Service without our written consent

We reserve the right to investigate violations and may suspend or terminate accounts that breach this policy.

Intellectual Property

The Service, including its design, code, features, documentation, and branding (logos, trademarks, and trade names), is the intellectual property of Leighds LLC and is protected by copyright, trademark, and other intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes. This license does not include the right to modify, distribute, sell, or create derivative works based on the Service.

You retain all rights to your content (member data, branding assets, contract templates, etc.) that you upload or create through the Service.

Cancellation & Termination

Gym Owner Cancellation: You may cancel your subscription at any time. Upon cancellation, your access to the Service will continue through the end of your current billing period. After that, your account will be deactivated and your data will be retained for 30 days before permanent deletion, unless you request an earlier export or deletion.

Member Cancellation: Cancellation of individual gym memberships is governed by the policies set by each gym owner through the Service. Leighds LLC is not responsible for disputes between gyms and their members regarding membership cancellation, refunds, or billing.

Termination by Us: We may suspend or terminate your account immediately if you breach these Terms, fail to pay subscription fees, engage in fraudulent activity, or if required by law. We will make reasonable efforts to notify you before termination, except in cases of serious violations.

Effect of Termination: Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including Limitation of Liability, Indemnification, and Dispute Resolution) will remain in effect.

Limitation of Liability

To the maximum extent permitted by applicable law, Leighds LLC, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Cost of procurement of substitute services
• Business interruption or downtime
• Damages arising from member disputes, chargebacks, or payment processing errors

Our total cumulative liability to you for any and all claims arising from or related to the Service shall not exceed the amount you paid to us in subscription fees during the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise.

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that:

• The Service will be uninterrupted, error-free, or completely secure
• The Service will meet all of your specific requirements
• Any defects or errors will be corrected within a particular timeframe
• The results obtained from using the Service will be accurate or reliable

You acknowledge that no amount of testing can guarantee that the Service is free of all bugs or issues, and you use the Service at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless Leighds LLC, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or violation of these Terms
• Your violation of any applicable law or regulation
• Your collection, use, or processing of member data
• Any disputes between you and your gym members
• Content you upload, create, or transmit through the Service
• Any third-party claims related to your gym's operations

Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles.

Binding Arbitration:Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in New Jersey. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree to resolve disputes with us on an individual basis only. You waive any right to participate in a class action, class arbitration, or any other representative proceeding.

Exceptions: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Informal Resolution: Before initiating arbitration, you agree to first contact us at support@bettergms.com and attempt to resolve the dispute informally for at least 30 days.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email or by posting a notice within the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

We recommend reviewing these Terms periodically to stay informed of any updates.

Contact Information

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

Leighds LLC
Operating as Better Gym Management
Website: bettergms.com
Email: support@bettergms.com