Terms of Service

1. About these terms

These Terms of Service ("Terms") govern access to and use of GymFlow, provided by DVelis Technologies ("DVelis", "we", "us" or "our"). "Customer" or "you" means the gym or fitness business that creates a GymFlow account, together with its authorised administrators and staff.

By creating an account, connecting a WhatsApp Business account or using GymFlow, you agree to these Terms on behalf of your business, and you confirm that you are authorised to do so. If you have a separate signed agreement with DVelis, that agreement takes priority where it conflicts with these Terms.

Contracting entity

Pending confirmation Registered legal entity name (company registration in progress)

Registration number

Pending confirmation Company registration number

Registered address

Pending confirmation Registered office address

2. GymFlow subscription and usage

• GymFlow is provided as a software-as-a-service subscription. Your plan, fees, billing period and any trial period are those agreed with DVelis when you subscribe, or as shown in your account.
• Subscription fees are payable as invoiced. Unless stated otherwise, fees do not include applicable taxes, which are your responsibility.
• If a payment is overdue, your subscription may move to a past-due or grace status, and may then be suspended (see section 11).
• You may use GymFlow only for your own gym or fitness business, for the number of branches, users or members included in your plan.
• We may update, improve or change features of GymFlow over time. We will not intentionally remove a core feature you rely on during a paid billing period without reasonable notice.

3. Accounts and access

• Your administrators control which staff users have access, their roles and the branches they can see. You are responsible for all activity under your account.
• Keep login credentials and OTPs confidential, and tell us promptly if you suspect unauthorised access.
• If you enable the member portal, your Members may sign in with a WhatsApp OTP to view their own information and manage their message preferences.

4. Gym customer responsibilities

You are responsible for:

• the accuracy and lawfulness of the information you add to GymFlow, including Member information;
• having a lawful basis, and any notices or consents required by law, to collect and use Member information and to message Members;
• telling your Members how you use their information, including that you use GymFlow and WhatsApp to communicate with them;
• responding to your Members' privacy requests, with our help where needed;
• the content of messages and templates you create or send through GymFlow;
• making sure your staff use GymFlow in line with these Terms; and
• not storing sensitive information (such as detailed health or medical information) unless it is necessary and you have any consent required by law.

5. WhatsApp integration and Meta account ownership

• The WhatsApp integration is optional. To use it, you connect a WhatsApp Business account that you own and control, by authorising GymFlow through Meta's own screens or by providing your WhatsApp Business Platform details.
• Your Meta business portfolio, WhatsApp Business Account, phone numbers, display name, and message templates remain yours. DVelis does not take ownership of them, and connecting GymFlow does not transfer them to DVelis.
• You must accept and comply with Meta's terms and policies for the WhatsApp Business Platform, including the WhatsApp Business Terms of Service and the WhatsApp Business Messaging Policy. Those terms are between you and Meta.
• Meta decides whether to approve message templates, display names and phone numbers, and may set messaging limits, change quality ratings, or restrict or disable your account. DVelis does not control these decisions and is not responsible for them.
• You authorise GymFlow to use the access granted by Meta to send messages, manage templates, and receive webhook events for your connected account, only to provide the service to you.
• You can disconnect WhatsApp from GymFlow at any time from the WhatsApp settings in GymFlow. You can also remove GymFlow's access from your Meta Business settings. See our Data Deletion page for what happens to integration data.
• WhatsApp is a third-party service. Changes Meta makes to its platform, pricing, policies or APIs may affect the WhatsApp features of GymFlow.

6. Meta messaging charges are separate

• DVelis does not set, collect or resell Meta's messaging charges, unless we have expressly agreed otherwise with you in writing.
• GymFlow may show message counts and the pricing categories Meta reports, to help you track usage. These figures are for information only. Meta's billing is the authoritative record of what you owe Meta.
• Meta may change its pricing at any time. Messaging charges are not refundable by DVelis.

7. Consent and lawful messaging obligations

When you send messages through GymFlow, you must:

• obtain any opt-in or consent required by law and by Meta's policies before messaging a Member, and record it accurately in GymFlow;
• send marketing messages only to Members who have opted in to marketing, and use the correct template category for each message;
• honour opt-out requests promptly, including STOP replies and requests made to your staff, and not re-subscribe Members without new consent;
• not send messages that are misleading, harassing, unlawful or unsolicited, or that impersonate another person or business;
• comply with all laws that apply to you, including laws on electronic communications, consumer protection and data protection; and
• not use GymFlow to send messages for a business other than your own.

GymFlow includes consent and opt-out tools to help you meet these obligations, but using them does not by itself make your messaging lawful. You remain responsible for your messaging.

8. Acceptable use

You must not, and must not allow anyone else to:

• use GymFlow for any unlawful, fraudulent or harmful purpose;
• send spam, bulk unsolicited messages or content that breaches Meta's policies;
• upload malware, or try to disrupt, overload or damage the service;
• attempt to access another customer's data, or bypass security, rate limits or access controls;
• reverse engineer, copy, resell or sublicense GymFlow, except as allowed by law;
• collect or process personal information through GymFlow without a lawful basis; or
• use GymFlow to build a competing product.

9. Your data and privacy

You keep ownership of the data you and your Members put into GymFlow. You give DVelis permission to host, process and transmit that data only as needed to provide, secure and support the service, and as described in our Privacy Policy. For Member information, DVelis acts on your behalf and according to your instructions.

10. Service availability

• We aim to keep GymFlow available and reliable, but we do not guarantee uninterrupted or error-free service. No uptime commitment or service level agreement applies unless agreed with you in writing.
• We may carry out planned maintenance, and will try to schedule it to limit disruption. Urgent maintenance or security fixes may happen without notice.
• GymFlow depends on third-party services, including hosting providers and Meta's WhatsApp Business Platform. Outages, delays or changes in those services are outside our control.

11. Suspension and termination

Suspension

We may suspend all or part of your access, including WhatsApp sending, if:

• subscription fees remain unpaid after any grace period;
• you materially breach these Terms, including the lawful messaging or acceptable use rules;
• your use creates a security risk or may harm other customers, Members, Meta or DVelis;
• Meta restricts or disables your WhatsApp Business account or our access to it; or
• we are required to by law or by a lawful request from an authority.

Where reasonable, we will tell you before suspending and give you a chance to fix the issue. We will restore access once the issue is resolved.

Termination

• You may stop using GymFlow and ask us to close your account at any time. Fees already paid for the current billing period are not refundable unless agreed otherwise in writing.
• We may terminate your account for serious or repeated breaches, continued non-payment, or if we stop offering GymFlow, with reasonable notice where possible.
• Before your account is closed, you may ask us for a copy of your data. We will provide it in a commonly used format where reasonably practicable.
• After closure, we disconnect any WhatsApp integration and delete or anonymise your data as described on our Data Deletion page, except where we must keep it by law.

12. Intellectual property

DVelis owns GymFlow, including its software, design and documentation. You receive a limited, non-exclusive, non-transferable right to use it during your subscription, under these Terms. If you send us feedback, we may use it to improve the service without any obligation to you.

13. Disclaimers

To the extent permitted by law, GymFlow is provided "as is" and "as available". We do not guarantee that every message will be delivered or read, that Meta will approve your templates or account, or that the service will meet every one of your requirements. GymFlow is a business management tool and does not provide legal, financial or tax advice. Reports and figures should be checked before you rely on them for those purposes.

14. Limitation of liability

To the extent permitted by law:

• DVelis is not liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue, business, goodwill or data, however caused;
• DVelis is not liable for acts or omissions of Meta or other third-party services, for Meta messaging charges, or for messages you choose to send; and
• DVelis's total liability arising from these Terms or GymFlow is limited to the GymFlow subscription fees you paid to DVelis in the 12 months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnity

You agree to compensate DVelis for reasonable losses and costs arising from third-party claims caused by your breach of these Terms. This includes messages sent without the required consent, or Member information processed without a lawful basis.

16. Changes to these terms

We may update these Terms, including when DVelis company registration is complete and the details marked as pending are confirmed. We will post the updated Terms on this page with a new "Last updated" date. We will give reasonable notice of significant changes. Continuing to use GymFlow after changes take effect means you accept them.

17. Governing law

These Terms are governed by: Pending confirmation Governing law and courts with jurisdiction

18. Contact

Questions about these Terms can be sent through the contact form on dvelis.com. Please start your message with "Terms question".