Terms & Conditions

Effective Date: February 28, 2026

These Terms & Conditions (“Terms”) govern your access to and use of the NeXturea Gym Management Application and any related websites, dashboards, or services (collectively, the “App” or “Service”) provided by NeXturea IT Solutions (“Company”, “we”, “our”, or “us”). By creating an account, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.

1. Eligibility and Account Registration

By using the App, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction.
• You have the authority to enter into these Terms on behalf of yourself or the organization you represent.
• The information you provide during registration is accurate, complete, and up to date.

You agree to keep your login credentials confidential and are fully responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach related to your account.

2. Description of Service

The NeXturea Gym Management App is a software-as-a-service (SaaS) platform that helps gyms, fitness centers, trainers, and similar businesses manage memberships, billing, attendance, staff, and related operational functions. We may update, modify, or enhance features from time to time to improve the Service.

3. License and Permitted Use

Subject to your compliance with these Terms and payment of applicable subscription fees, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the App solely for your internal business purposes.

You agree that you will not:

• Copy, modify, distribute, sell, or lease any part of the App.
• Reverse engineer, decompile, or attempt to extract the source code of the App.
• Use the App for any unlawful, fraudulent, or unauthorized purpose.
• Interfere with or disrupt the integrity, performance, or security of the App.

4. Subscription Plans, Billing, and Renewals

Access to certain features of the App requires a paid subscription. Subscription fees, billing cycles, and plan details will be communicated on our website or within the App at the time of purchase.

• Fees are typically charged in advance for the selected billing period (e.g., monthly, quarterly, or annually).
• Unless you cancel, your subscription may automatically renew at the end of each billing cycle using the payment method on file.
• You are responsible for any applicable taxes, levies, or government charges associated with your subscription.

Our 10-day “No Questions Asked” refund policy applies only to the first subscription payment, as detailed in our separate Refund & Cancellation Policy, which forms part of these Terms.

5. Free Trials and Promotional Offers

We may offer free trials or promotional discounts for limited periods. We reserve the right to:

• Determine your eligibility for a trial or offer.
• Modify or cancel any trial or promotion at our discretion.

If you do not cancel before the end of the trial period, your account may automatically convert to a paid subscription and you will be charged using the payment details provided.

6. User Data and Privacy

In order to provide the Service, we may collect and process certain personal and business information from you and your members. Our handling of such data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our data practices as described in the Privacy Policy.

You are responsible for obtaining any necessary consent from your customers, members, or staff for the use of their data within the App.

7. Data Ownership and Access

You retain ownership of the data you input into the App, including member information, transaction records, and other business content. By using the App, you grant us a limited license to host, store, process, and display this data solely for the purpose of providing and improving the Service.

We may aggregate and anonymize data for analytics, quality improvement, and business insights, provided that such data does not personally identify you or your members.

8. Content and Acceptable Use

You agree not to upload, store, or transmit any content through the App that:

• Is unlawful, harmful, defamatory, obscene, or offensive.
• Violates any intellectual property, privacy, or other rights of third parties.
• Contains malware, viruses, or malicious code.

We reserve the right, but not the obligation, to remove or restrict access to content that we believe violates these Terms or applicable law.

9. Intellectual Property

All rights, title, and interest in and to the App, including its software, design, logos, trademarks, and related materials, are owned by NeXturea IT Solutions or its licensors. Except for the limited license granted to you, these Terms do not grant any rights to use our trademarks or other intellectual property without our prior written consent.

10. Third-Party Services and Integrations

The App may integrate with or rely upon third-party services such as payment gateways, messaging providers, or analytics tools. Your use of such services may be subject to the separate terms and policies of those third parties. We are not responsible for any issues arising from third-party services or your use of them.

11. Service Availability, Maintenance, and Changes

We aim to provide reliable and continuous access to the App, but we do not guarantee that the Service will be uninterrupted or error-free. We may perform scheduled or unscheduled maintenance, updates, or improvements that may temporarily affect availability.

We reserve the right to modify, suspend, or discontinue any feature or part of the App at any time, with or without prior notice, provided that such changes do not materially reduce the core functionality of your active paid plan without reasonable justification.

12. Termination and Suspension

We may suspend or terminate your access to the App, in whole or in part, if:

• You violate these Terms or any other applicable policy.
• Your subscription remains unpaid or payment fails repeatedly.
• We are required to do so by law or regulatory authority.

Upon termination, your right to use the App will immediately cease. We may retain or delete your data in accordance with our data retention policies, subject to applicable laws. You may request data export before account closure where reasonably possible.

13. Disclaimers

The App is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the App is at your own risk.

14. Limitation of Liability

To the maximum extent permitted by applicable law, NeXturea IT Solutions, its directors, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising from or related to your use of the App, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to these Terms or the App shall not exceed the amount of subscription fees actually paid by you to us for the Service during the three (3) months immediately preceding the event giving rise to the claim.

15. Indemnification

You agree to indemnify, defend, and hold harmless NeXturea IT Solutions and its officers, employees, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of the App.
• Your violation of these Terms or any applicable law.
• Your infringement of any third-party rights.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute or claim arising out of or in connection with these Terms or the App shall be subject to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India.

17. Changes to These Terms

We may update or modify these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. When we make changes, we will update the “Effective Date” at the top of this page and may notify you via email or in-app notice. Your continued use of the App after such changes constitutes your acceptance of the updated Terms.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms & Conditions, you may contact us at:

NeXturea IT Solutions
Pune, Maharashtra, India
Email: legal@nexturea.com