Last updated: placeholder
These Terms of Service ("Terms") are a binding agreement between you (either the business creating a tenant account, or an individual member using a tenant's services through the platform) and Welldesk governing access to and use of the Welldesk platform, including its websites, applications, and APIs (together, the "Service"). By creating an account, clicking to accept, or otherwise accessing or using the Service, you agree to these Terms. If you are accepting on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business.
Welldesk provides software that helps gyms, studios, and fitness businesses ("tenants") manage scheduling, memberships, billing, communications, and related operations, and lets a tenant's own members interact with that tenant online. Welldesk is a technology provider to each tenant, not a party to the relationship between a tenant and its own members, staff, or customers, and is not responsible for a tenant's services, pricing, facilities, instruction, or conduct.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You must notify us promptly of any unauthorized use of your account. We are not liable for any loss arising from your failure to safeguard your credentials.
You agree not to: misuse the Service or attempt to access data, accounts, or systems you are not authorized to access; interfere with or disrupt the Service or other tenants' use of it; reverse-engineer, scrape, or resell the Service except as the Service itself is intended to be used; upload content that is unlawful, infringing, or violates a third party's rights; or use the Service to collect, store, or process personal data (including health, biometric, or payment data) in a manner that violates applicable law. We may suspend or terminate access for a violation of this section.
A tenant is solely responsible for the legality, accuracy, and appropriateness of the data it collects, stores, and processes through the Service about its own members and staff (including any health, attendance, biometric, or payment-related data), and for obtaining any consents or providing any notices required by law before doing so. As between you and Welldesk, Welldesk processes such data only as a service provider acting on the tenant's documented instructions, and the tenant remains the responsible party (data controller) for its own compliance obligations toward its members and staff.
Subscription fees are billed in advance on the interval you select and are described on our Pricing page, which reflects the current, live pricing for your plan. Certain capabilities, including the AI Business Copilot, are optional add-ons billed separately from and in addition to your base subscription unless your plan's pricing explicitly states that add-on is included; enabling an add-on is treated as agreement to its listed price. Fees are non-refundable except where required by applicable law or expressly stated otherwise. We may change pricing prospectively with reasonable advance notice.
The Service may integrate with or rely on third-party services (including payment processors, messaging providers, and hosting infrastructure). We are not responsible for the acts, omissions, availability, or terms of any third-party service, and your use of a third-party service is governed by that provider's own terms.
Welldesk and its licensors retain all right, title, and interest in and to the Service, including all software, design, and branding. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Service for your own internal business purposes. You retain ownership of the data and content you submit through the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY ESTIMATE, PROJECTION, OR ILLUSTRATIVE CALCULATION SHOWN IN THE SERVICE OR ON OUR MARKETING PAGES (INCLUDING ANY ROI OR SAVINGS ESTIMATE) WILL MATCH YOUR ACTUAL RESULTS. NOTHING IN THIS SECTION LIMITS A WARRANTY THAT CANNOT LAWFULLY BE EXCLUDED IN YOUR JURISDICTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Welldesk AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED AS A MATTER OF LAW, INCLUDING WHERE APPLICABLE LAW OF YOUR JURISDICTION MAKES SUCH A LIMITATION UNENFORCEABLE.
You agree to defend, indemnify, and hold harmless Welldesk and its officers, employees, and affiliates from and against any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of or related to: your use of the Service; your content or data processed through the Service; your violation of these Terms; or your violation of any applicable law or a third party's rights, including in connection with your own members' or staff's data.
We may suspend or terminate your access to the Service if you materially breach these Terms and do not cure the breach within a reasonable period after notice, or immediately where necessary to prevent harm to the Service, other tenants, or third parties. You may stop using the Service and close your account at any time in accordance with your plan's cancellation terms. Sections that by their nature should survive termination (including Sections 9-11 and 14) will survive.
We may update these Terms from time to time. If we make a material change, we will provide reasonable advance notice (for example, by email or an in-product notice) before the change takes effect. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the Lebanese Republic, without regard to its conflict-of-laws principles, except to the extent a mandatory law of your own country of residence or establishment applies and cannot be displaced by this choice. The courts of Beirut, Lebanon will have exclusive jurisdiction over any dispute not otherwise required by mandatory local law to be heard elsewhere, and each party consents to that venue. Nothing in this section prevents either party from seeking interim relief from a competent court to protect its rights pending resolution of a dispute.
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable. Neither party is liable for a failure to perform caused by circumstances beyond its reasonable control. These Terms, together with any order form or plan description, constitute the entire agreement between you and Welldesk regarding the Service and supersede any prior agreements on the subject.
Questions about these Terms can be sent through our Contact page.