Entity
FLEXA FITNESS L.L.C-FZ, a limited liability company incorporated under the laws of the United Arab Emirates, with its registered office at Meydan Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates, registered with Meydan Free Zone under commercial license number 2646973 (hereinafter referred to as “Flexa Fitness”, “Flexa”, “we”, “us” or “our”).
1. Introduction and acceptance
1.1
These Terms of Service (Terms) constitute a binding agreement between you (User, you, or your) and FLEXA FITNESS L.L.C-FZ governing your access to and use of the Flexa Fitness software-as-a-service platform, including related mobile applications, web dashboards, software, documentation, content, and associated services (collectively, the Services).
1.2
By registering for, accessing, or using the Services, you represent that you have read, understood, and agree to be bound by these Terms and our
Privacy Policy, which is incorporated by reference. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity and “you” refers to that entity.
1.3
If you do not agree to these Terms, do not access or use the Services.
2. Definitions
- Trainer: A certified personal trainer, coach, or instructor who uses the Flexa Platform to manage clients, schedule sessions, assign programs, and track progress.
- Gym: A fitness facility or organization using the Flexa Platform to manage affiliated trainers and clients.
- Client: An individual invited or registered by a Trainer or Gym to book, attend, and track fitness sessions or programs.
- Flexa Account: The account created on the Flexa app or dashboard for accessing and managing the Services.
- Flexa Platform or Platform: Flexa's proprietary SaaS technology, including the Flexa app, web dashboard, code, and underlying infrastructure.
- Subscription Plan: The paid service tier chosen by a Trainer to access certain features and usage limits.
- Content: Any data, text, images, videos, audio, metrics, notes, feedback, or other materials uploaded, posted, shared, transmitted, imported, or otherwise made available via the Services by you or your authorized users.
- Personal Data: Information relating to an identified or identifiable natural person, including any health or fitness-related data.
- Documentation: Any user guides, help content, and policies provided by Flexa.
3. Eligibility and account registration
3.1
You must be at least 18 years old (or the age of majority in your jurisdiction) to create a Flexa Account or purchase a Subscription Plan.
3.2
Clients under the age of majority may only use the Services under the supervision of, and with verifiable consent from, a parent or legal guardian and under the responsibility of a Trainer or Gym. Trainers/Gyms are solely responsible for obtaining and documenting required consents.
3.3
You must provide accurate, current, and complete registration information and maintain the confidentiality of your login credentials. You are responsible for all activities under your account.
4. Subscriptions, fees, and renewals
4.1 Plans and pricing
We bill you through an online billing account for purchases made via the Site. Features, usage limits, and pricing may vary by plan and region. Unless stated otherwise, fees are in the currency stated at checkout and exclude applicable taxes.
4.2 Billing cycle
Subscriptions are billed in advance on a recurring monthly or annual basis, depending on your selected plan.
4.3 Auto-renewal
Subscriptions automatically renew for successive periods equal to the initial term unless canceled before the renewal date via your account settings. By subscribing, you authorize recurring charges to the payment method on file. Subscription / membership renews automatically unless cancelled at least 48 (forty-eight) hours prior to the end of the subscription period. If we are unable to receive the payment, including payment of recurring charges, from the payment method provided by you for whatsoever reasons, you agree to immediately update/change such method with such other payment method to ensure the payment upon being notified about the default in payment and if you fail to do so, we reserve the right to terminate your account and further services in addition to any other rights or remedies we may have against you for claiming such payment.
4.4 Trials and promotions
Any free trial or promotional period is subject to these Terms. At the end of a trial, your subscription will convert to a paid plan at then-current rates unless you cancel before the trial ends.
4.5 Upgrades/downgrades
Upgrades and downgrades take effect immediately and may result in a prorated charge.
4.6 Refunds
Except where required by applicable law, all fees are non-refundable once charged, including for partial periods, unused features, or early termination.
4.7 Taxes
You are responsible for all applicable VAT, sales, use, withholding, or similar taxes, duties, or levies, other than taxes based on Flexa's net income. If withholding is required by law, you will gross up amounts so Flexa receives the full invoiced amount.
4.8 Late or failed payment
We may suspend or limit the Services for non-payment.
4.9 Pricing changes
We may change pricing or features by giving reasonable prior notice via the Platform or email. Changes take effect on the next renewal unless stated otherwise for legal/regulatory changes.
5. Use of the Services
5.1
You will use the Services only for lawful purposes and in accordance with these Terms and the Documentation.
5.2
You will not:
- copy, modify, adapt, translate, create derivative works of, or reverse engineer any part of the Platform except as permitted by applicable law;
- access the Services to build a competing product or service or to benchmark without permission;
- interfere with or circumvent security or access controls;
- upload malicious code, spam, or unauthorized promotions;
- misrepresent your qualifications, certifications, or identity;
- upload or share content that is unlawful, defamatory, obscene, invasive of privacy, infringing, or otherwise objectionable;
- use the Services in violation of applicable health, safety, consumer, data protection, or export control laws, or applicable Meydan Free Zone Authority regulations and license conditions.
5.3
We may monitor usage for compliance and security and may suspend access for suspected violations or to protect the Services or users.
6. Trainers, Gyms, and Clients
6.1 Independent providers
Trainers and Gyms are independent professionals and are not employees, partners, agents, or representatives of Flexa. Flexa does not supervise, direct, control, or assume responsibility for any Trainer/Gym services, deliverables, or conduct.
6.2 No medical care; safety
Flexa is not a healthcare provider and does not provide medical advice. Fitness and health information on or through the Services is provided by Trainers/Gyms. Consult a physician before starting any exercise program. If you experience pain, dizziness, or an emergency, stop and seek medical help. The Services are not for emergencies.
6.3 Compliance and insurance
Trainers/Gyms are solely responsible for maintaining required licenses, certifications, approvals, and insurance, including any requirements imposed by the Meydan Free Zone Authority or other competent authorities, and for complying with applicable laws and professional standards.
6.4 Client payments outside Platform
Unless expressly stated otherwise in writing, all payments between Trainers, Gyms, and Clients occur outside the Flexa Platform. Flexa is not a payment intermediary or escrow agent and bears no responsibility for billing disputes or refunds related to such transactions.
6.5 Session booking, cancellations, and no-shows
Clients may cancel booked sessions through the Platform prior to the scheduled start time. At this stage, no fixed notice period is enforced by Flexa, and cancellations are generally permitted. If a Client does not cancel a session and fails to attend the scheduled session (a “No-Show”), the Trainer has the discretion to take one of the following actions:
- Deduct one (1) session from the Client's remaining session package (for example, reducing a package from ten (10) sessions to nine (9)), or
- Dismiss the no-show and treat the session as if it did not occur, with no deduction applied.
The choice of action is determined solely by the Trainer on a case-by-case basis. Flexa provides the technical tools to enable session booking, cancellation, attendance tracking, and session deductions, but does not set, enforce, or guarantee outcomes related to no-shows. Flexa is not a party to the agreement between Trainers or Gyms and Clients and bears no responsibility for disputes arising from missed sessions or no-shows, except where required by applicable law or where an issue results directly from a verified Platform malfunction.
7. Data ownership and privacy
7.1 Ownership
You retain ownership of Content you upload to the Platform.
7.2 License to Flexa
You grant Flexa a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, display, and otherwise use your Content solely to provide, maintain, secure, and improve the Services and to comply with legal obligations.
7.3 Responsibility
You represent and warrant that you have all necessary rights and consents to upload and use the Content and that the Content and your use of it will not violate any law or third-party rights.
7.4 Removal
We may remove or disable access to Content that we reasonably believe violates these Terms or law.
7.5 Feedback
If you submit feedback or ideas, you grant Flexa a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.
7.6 Marketing
With your prior consent where required by law, we may identify you (name and logo) as a Flexa customer on our website and marketing materials. You may withdraw consent at any time.
8. Data protection, privacy and security
8.1 Roles
As between the parties, for Personal Data that Trainers/Gyms upload about their Clients, Flexa acts as a data processor/service provider and the Trainer/Gym acts as the data controller (or equivalent term under applicable data protection law). For account, billing, and Platform analytics data, Flexa acts as controller.
8.2 DPA
Where required by applicable law, our Data Processing Addendum (DPA) is incorporated by reference and governs Flexa's processing of Personal Data on your behalf, including sub-processors, cross-border transfers, and security.
8.3 Sensitive data
If you upload health or other special category data, you represent that you have all necessary legal bases and consents to process such data and to permit Flexa to process it under the DPA and applicable law (including UAE Federal Decree-Law No. 45 of 2021 and, if applicable, any Dubai or free-zone data protection regulations).
8.4 Security
Flexa implements reasonable technical and organizational measures designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. No system is completely secure; you are responsible for configuring access controls and safeguarding credentials.
8.5 Privacy Policy
Our collection and use of Personal Data is described in our
Privacy Policy.
9. Third-party integrations
9.1
The Services may interoperate with third-party products or services (for example, calendars, video conferencing tools, wearables). Third-party terms and privacy policies apply to those services. Flexa is not responsible for third-party services or their data practices.
9.2
You authorize Flexa to exchange data with third-party integrations you enable to provide the integration. You may disable integrations at any time, which may impact functionality.
10. Intellectual property
10.1 Flexa IP
The Services, Platform, software, APIs, Documentation, designs, trademarks, and logos are owned by Flexa or its licensors and are protected by law. No rights are granted except as expressly provided.
10.2 Access right
Subject to these Terms and your payment of fees, Flexa grants you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription term for your internal business purposes, within plan limits.
10.3 Restrictions
You may not remove proprietary notices, attempt to discover source code, or use automated means to access the Services except as permitted by the Documentation.
11. Service modifications and beta features
11.1 Modifications
We may update, modify, or discontinue features at any time to improve the Services, address security or legal requirements, or for other legitimate business reasons. For changes that materially reduce core functionality, we will provide reasonable notice.
11.2 Availability
We aim to provide reliable service but do not guarantee uninterrupted or error-free operation. Scheduled maintenance and emergency maintenance may occur.
11.3 Beta
We may offer beta or pre-release features on an optional basis. Beta features are provided as is, may be subject to additional terms, and may be discontinued at any time.
12. Disclaimer of warranties
12.1
The Services are provided “as is” and “as available.” To the maximum extent permitted by law, Flexa disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.2
Flexa does not warrant that the Services will be uninterrupted, secure, or error-free, that the Services will meet your requirements, or that defects will be corrected. Results from fitness programs or Trainer-Client interactions are not guaranteed.
13. Limitation of liability
13.1
To the maximum extent permitted by law, Flexa and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, business, goodwill, or data, even if advised of the possibility.
13.2
In all cases, Flexa's total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the total subscription fees paid by you to Flexa for the Services giving rise to the claim in the twelve (12) months preceding the event giving rise to liability.
13.3
The limitations in this section do not apply to liability that cannot be limited by law, such as liability for fraud or intentional misconduct, and only to the extent such limitations are prohibited by applicable law.
14. Indemnification
14.1 Indemnification by you
You agree to indemnify, defend, and hold harmless Flexa, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- your Content, including any allegation that such Content infringes, misappropriates, or violates the rights of a third party;
- your access to or use of the Services in violation of these Terms, the Documentation, or applicable law;
- your Trainer or Gym services, programs, sessions, representations, or conduct, including any interactions with Clients facilitated through the Platform;
- any disputes between Trainers/Gyms and Clients, including without limitation disputes relating to session bookings, cancellations, no-shows, refunds, pricing, credits, or enforcement of Trainer or Gym policies; or
- any claims arising from personal injury, bodily harm, medical conditions, or health-related outcomes allegedly resulting from fitness services, training programs, advice, or sessions made available through the Platform.
14.2 Control of defense
Flexa reserves the right, at its option, to assume exclusive control of the defense and settlement of any claim subject to indemnification under this Section, provided that you may participate in such defense at your own expense. You agree not to settle any indemnified claim without Flexa's prior written consent if the settlement imposes any obligation, admission, or liability on Flexa.
15. Termination and suspension
15.1 Suspension
We may suspend or restrict access immediately if: (a) you breach these Terms; (b) non-payment; (c) we reasonably believe your use poses a security risk or violates law; or (d) required by a court, regulator, or the Meydan Free Zone Authority.
15.2 Termination by you
You may terminate your subscription at any time via account settings. Termination takes effect at the end of the current billing period unless otherwise agreed.
15.3 Termination by Flexa
We may terminate for cause on written notice if you materially breach these Terms and fail to cure within 10 days of notice, or immediately for non-payment or repeated violations.
15.4 Effect
Upon termination or expiry, your right to use the Services ceases. Except as required by law, fees are non-refundable. We may make your Content available for export for a limited period after termination as described in the Documentation, after which we may delete it subject to legal retention obligations.
16. Governing law and dispute resolution
16.1 Governing law
These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the United Arab Emirates and the laws of the Emirate of Dubai, as applicable, without regard to conflict-of-law rules.
16.2 Jurisdiction
The courts of the Emirate of Dubai (Dubai Courts) shall have exclusive jurisdiction to resolve disputes arising out of or in connection with these Terms.
16.3
All disputes will be tried to be solved amicably before going to courts.
17. Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, utility failures, or internet outages, provided the affected party uses reasonable efforts to mitigate and resumes performance promptly.
18. Notices
18.1
Notices to Flexa must be sent to the address below with a copy by email and are deemed given when received:
FLEXA FITNESS L.L.C-FZ
Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E.
Email: support@flexafitness.com
18.2
We may provide notices to you via the Platform, email to your account email address, or by posting updated Terms. Administrative and service communications may be sent electronically.
19. Assignment; no agency
19.1
You may not assign or transfer these Terms or any rights or obligations without Flexa's prior written consent, and any attempt is void. Flexa may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
19.2
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship, and no party may bind the other.
20. Changes to the Terms
We may modify these Terms from time to time. For material changes, we will provide reasonable advance notice (for example, 30 days) via the Platform or email. Changes take effect on the stated effective date and apply to the next renewal or, if required by law, earlier. Your continued use after the effective date constitutes acceptance.
21. Severability; waiver; entire agreement; order of precedence
21.1
If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be enforced to the maximum extent permitted.
21.2
No waiver of any term is a continuing waiver unless in writing and signed by the waiving party.
21.3
These Terms, together with the Privacy Policy, DPA (if applicable), and any Order Form or plan confirmation, constitute the entire agreement regarding the Services and supersede prior discussions.
21.4
In case of conflict, the following order of precedence applies: (1) any signed Order Form; (2) DPA (for data processing matters); (3) these Terms; (4) Documentation and policies.