Terms of Service

1.Agreement to Terms

By accessing or using Metric Gym OS, including our web dashboard, mobile applications, and any related integrations, you agree to be bound by these Terms of Service. If you do not agree to any part of these terms, you must not access or use our platform. These terms apply to:

• Gym owners, administrators, and staff members who use the platform to manage their fitness business
• Gym members whose personal information is processed through the platform by gym operators

2.Use License

We grant you a limited, non-exclusive, non-transferable license to access and use Metric Gym OS for legitimate gym management purposes. Under this license, you may not:

• Modify, copy, decompile, or reverse engineer any part of the platform
• Use the service for any purpose outside of gym and fitness business management
• Attempt to bypass, disable, or interfere with any security or access control features
• Extract, scrape, or bulk-export member data other than through the platform's supported data-subject-rights, account-termination, or legal-compliance workflows
• Remove or alter any copyright, trademark, or proprietary notices
• Resell, sublicense, or transfer access to the service without our written authorization

All other changes to member data, including deletions, must be performed within the platform.

3.Account Registration

To use Metric Gym OS, you must register for an account. By registering, you agree to:

• Provide accurate, current, and complete information during sign-up
• Keep your account information up to date
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorized access to your account

Each account is for use by a single gym business. You are solely and strictly responsible for all activity that occurs under your account, including actions taken by your staff members.

4.Subscription and Payment

Metric Gym OS is offered on a subscription basis with a flat monthly fee per gym. By subscribing, you agree to the following:

• Every new account starts with a 30-day free trial; no charges are made until you subscribe to a paid plan
• Subscriptions are billed in advance on a recurring monthly cycle through our authorized payment gateway and processor
• Payments are non-refundable except where required by applicable law
• You may cancel your subscription at any time; access continues until the end of the current billing period
• We reserve the right to adjust pricing with at least 30 days written notice
• All fees are exclusive of applicable taxes unless otherwise stated

For full details on cancellations and refunds, please see our Refund & Cancellation Policy.

We are not responsible for fees charged by your bank or payment provider in connection with your subscription.

5.User Responsibilities

As a gym operator using Metric Gym OS, you are responsible for:

• Maintaining the confidentiality of your account credentials and ensuring staff access is appropriately managed
• All activities carried out under your account, including actions taken by your staff
• Ensuring that all member data entered into the platform is accurate and lawfully obtained
• Obtaining the necessary consent from your gym members before collecting their personal information — including name, gender, date of birth, phone number, emergency contact details, and selfie (where applicable), biometric data such as fingerprint or face scan (where applicable) — and before sending SMS notifications on their behalf
• Refraining from collecting unnecessary personal data such as National Identity Card (NIC) numbers or home addresses — this data has no operational requirement within the platform, and collecting it may violate the data-minimization requirements of the Sri Lanka Personal Data Protection Act, No. 9 of 2022
• Ensuring your use of the platform complies with applicable Sri Lankan data protection laws, including the Personal Data Protection Act, No. 9 of 2022, and any other regulations relevant to your business
• Adequately training staff on proper use of the platform

6.Prohibited Activities

You agree not to use Metric Gym OS to:

• Engage in any unlawful activity or facilitate illegal conduct
• Gain unauthorized access to other accounts, systems, or networks
• Disrupt, degrade, or interfere with the platform or its underlying infrastructure
• Transmit malicious code, viruses, or harmful data
• Impersonate any person, entity, or gym business
• Collect or harvest data from the platform for purposes beyond your own gym's management

7.Intellectual Property

Metric Gym OS and all associated content, features, design, and functionality are the exclusive property of Capitalist One (Pvt) Ltd and its licensors. The platform is protected by copyright, trademark, and other applicable laws.

You retain ownership of all member data you input into the platform. By using the platform, you grant us a limited license to store and process that data solely for the purpose of providing our services to you.

We may use aggregated, anonymized data derived from platform usage for statistical purposes, to improve our platform, understand usage trends, and enhance our services. Such statistical data does not identify any individual data subject.

8.Service Availability

We aim to provide a reliable and accessible platform. However, we do not guarantee uninterrupted access and may temporarily suspend the service for scheduled maintenance, security updates, or emergency repairs. We will provide advance notice where reasonably possible.

We are not liable for any losses arising from planned or unplanned service interruptions, including but not limited to:

• Technical failures, system outages, or network downtime
• Issues arising from third-party service providers, infrastructure, or internet connectivity
• Force majeure events beyond our reasonable control

We do not guarantee that the platform will be error-free, secure, or available at all times. Your use of the platform is at your own risk.

9.SMS Notifications

Metric Gym OS enables gym operators to send automated SMS payment reminders to their members. By enabling this feature, you confirm that:

• You have obtained the necessary consent from each member to receive SMS communications in accordance with the Personal Data Protection Act, No. 9 of 2022
• You will use SMS notifications only for the permitted purposes outlined in our platform (payment reminders, renewal alerts, and expiry notifications)
• You will not use our SMS integration to send spam, promotional content unrelated to memberships, or any communications that violate applicable telecommunications laws

We reserve the right to suspend SMS functionality if we have reason to believe it is being misused.

10.Limitation of Liability

To the fullest extent permitted by law, Capitalist One (Pvt) Ltd and its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of - or inability to use - Metric Gym OS. This includes but is not limited to loss of data, loss of revenue, or loss of business.

Our total liability to you for any claim arising from these terms or your use of the platform shall not exceed the amount you paid us in the three months preceding the claim.

11.Indemnification

You agree to indemnify and hold harmless Capitalist One (Pvt) Ltd, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, or expenses (including reasonable legal fees) arising out of or related to:

• Your use of the platform
• Your breach of these terms
• Your violation of any third-party rights
• Your non-compliance with applicable laws, including data protection laws
• Disputes between you and your gym members

12.Termination

Either party may terminate the service relationship at any time. We reserve the right to suspend or terminate your account immediately, without prior notice, if we determine that you have breached these Terms of Service.

Upon termination, your right to access the platform ceases immediately. You are responsible for exporting any data you need before termination, using the export workflows described in Section 2; we do not guarantee the provision of data exports after your account has been terminated. We will retain your data for a reasonable period after termination before securely deleting it, unless a longer retention period is required by law.

13.Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Sri Lanka, including the Personal Data Protection Act, No. 9 of 2022. Any disputes arising from these terms or your use of the platform shall be subject to the exclusive jurisdiction of the courts of Sri Lanka.

14.Changes to These Terms

We reserve the right to update or modify these Terms of Service at any time. When we make material changes, we will update the "Last updated" date at the top of this document and notify you through the platform or via email with at least 14 days notice before changes take effect.

Your continued use of the platform after any changes constitutes your acceptance of the revised terms.

15.Contact Us

If you have any questions about these Terms of Service, please reach out to us:

• Business: Capitalist One (Pvt) Ltd
• Email: privacy@metricgymos.com
• Phone: +94 70 437 9967
• Website: metricgymos.com
• Address: 150/1, 3rd Baptist Rd, Beddagana North, Kotte, Sri Lanka