Terms of Service

Acceptance of Terms

By accessing and using the dynamiqoris website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service. dynamiqoris AG ("Company", "we", "us", or "our") provides gym CRM and member management software services subject to these Terms of Service ("Terms").

Description of Service

dynamiqoris provides cloud-based customer relationship management and member management software specifically designed for fitness businesses, gyms, and health clubs. Our services include member management, class scheduling, payment processing, analytics, and related features as described on our website and in our service documentation.

User Accounts and Registration

To access certain features of our service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept all risks of unauthorised access to your account
• Notify us immediately of any unauthorised use of your account

User Obligations and Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the service for any illegal or unauthorised purpose
• Violate any applicable laws or regulations
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorised access to our systems
• Upload or transmit viruses or malicious code
• Impersonate any person or entity
• Collect or harvest personal information of other users
• Use the service to send spam or unsolicited communications

Payment Terms and Billing

Our services are provided on a subscription basis. Payment terms, pricing, and billing cycles are specified in your service agreement or as displayed on our website. All fees are non-refundable except as expressly stated in these Terms or required by law. We reserve the right to change our pricing with 30 days' notice to existing customers.

Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. You retain ownership of your data, and we will not access, use, or disclose your data except as necessary to provide the service or as required by law.

Intellectual Property

The dynamiqoris service, including all software, technology, content, and materials, is owned by dynamiqoris AG and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the service in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software.

Service Availability and Modifications

We strive to maintain high service availability but do not guarantee uninterrupted access to our services. We may modify, suspend, or discontinue any aspect of the service at any time with reasonable notice. We may also impose limits on certain features or restrict access to parts of the service without notice or liability.

Limitation of Liability

To the maximum extent permitted by applicable law, dynamiqoris AG shall not 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 use of the service. Our total liability to you for all claims arising from or relating to the service shall not exceed the amount paid by you for the service during the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless dynamiqoris AG, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the service, your violation of these Terms, or your violation of any rights of another party.

Termination

Either party may terminate this agreement at any time with or without cause. Upon termination, your right to use the service will cease immediately. We may also suspend or terminate your access to the service if you breach these Terms. Termination will not relieve you of any obligations to pay outstanding fees. Following termination, we will provide you with access to export your data for a period of 30 days, after which your data may be deleted.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Vienna, Austria. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Dispute Resolution

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations within 30 days, either party may pursue resolution through the appropriate courts in Vienna, Austria.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by email or through our service. Your continued use of the service after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the service.

Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the service, constitute the entire agreement between you and dynamiqoris AG concerning the service. These Terms supersede all prior agreements and understandings between the parties regarding the subject matter herein.

Contact Information

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

• Email: legal@dynamiqoris.pro
• Phone: +43 11407874
• Address: dynamiqoris AG, Graben 162, 1099 Vienna, Austria
• Registration Number: FN739584a