This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.gyminsight.com/, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Insight.
Us, We, Our: refers to Insight, the owner of the Website.
Visitor: an individual who merely browses our Website, but has not registered as Client.
Client: an individual that has registered with us to use our Service.
Service: represents the collective functionality and features as offered through our Website to our Clients.
User: is a collective identifier that refers to either a Visitor or a Client.
Content: collectively all text, information, graphics, audio, video, and data offered through our Website.
Financial Institutions: any institution that provides financial services for the Client and includes but not limited to Client's merchant and business banking institutions.
Membership Contract: a contract entered into between a Client and a Member.
Member: a person or a group of persons who have executed a Membership Contract with a Client.
Payment Gateway: the internet equivalent of a physical point of sale terminal.
Applications is a software program for purchase that runs on your computer separate from the management system software.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Terms of Service was posted on August 12, 2013.
Insight agrees to license the management system software to a Client free of charge. The management system software provides a Client a comprehensive set of software service tools to assist in Member management, delinquent account management, and key metrics for Client's Members and Client's locations. Once a Client registers for the management system, the Client is allowed access to additional Applications for purchase. After purchase, Insight will host and configure the Applications including Member sales, and/or access control systems, and/or billing services. Additionally, Insight will be available to the Client for technical support and training by phone or WebEx (collectively "Services").
Insight is a software company and provides products under the Software as a Service (SaaS) model. Insight reserves the right to replace, modify, and/or upgrade the software service in its sole discretion.
The Services requires a Client to open an account. You must complete the registration process by providing us with current, complete and accurate information. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Insight immediately of any unauthorized use of your account or any other breach of security. Insight will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Insight or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Insight does not manufacture, provide for, service, maintain or warranty electronics/hardware. The Client understands and agrees that Insight is a software service provider only. Thus, Client is responsible for obtaining all electronic/hardware components necessary to run Insight's software. Accordingly, the Client understands and agrees that Client will be responsible for any and all maintenance of Client's electronic/hardware components.
As a condition of a Client's use of the Services, the Client agrees not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Client may not use the Services in any manner that could damage, disable, overburden, or impair any Insight server, or the network(s) connected to any Insight server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Insight server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You agree to use Insight Services only for bona fide and lawful purposes. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Insight reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Client account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your Client profile, email addresses, usage history, posted materials, IP addresses and traffic information.
The Client agrees to indemnify and hold harmless Insight against any claims of loss or threatened loss or expense by reason of liability or potential liability by the Client's Members for or arising out of claims for damages.
The Client agrees to pay Insight's attorney fees for any litigation arising from any claims by Client's Members in which Insight is brought as a party to the claim. The parties agree that in the event of litigation between Insight and Client relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.
Insight's Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Insight's Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
The Client recognizes that the Software is the proprietary and confidential property of Insight. Accordingly, the Client shall not, without the prior express written consent of Insight, disclose or reveal to any third party or utilize for its own benefit other than pursuant to Terms of Service, any Software provided by Insight concerning Services, provided that such information was not previously known to the Client or to the general public. The Client further agrees to take all reasonable precautions to preserve the confidentiality of Insight's Software and shall assume responsibility that its employees, sublicensees, and assignees will similarly preserve this information against third parties. The provisions of this clause shall survive the Client's use of Insight's Services. Additionally the Client agrees that no steps shall be taken in attempt to reverse engineer Insight's software.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Insight has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Our Legal Terms shall be treated as though it were executed and performed in Nevada, USA, and shall be governed by and construed in accordance with the laws of Nevada, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Insight under our Legal Terms shall survive the termination of our Legal Terms.
Should any provision of our Legal Terms be held invalid or unenforceable, then such provision will be modified to reflect the parties' intention and the remaining portions shall remain in full force and effect.
Plan: Insight offers our Clients free use of the gym management software limited to one location. A Plan is when the Client wants to use an Application that is integrated with the gym management software.
Subscription Plans: Insight offers four (4) Subscription Plans for purchase. If Client has more than one location, the monthly amount displayed is per location.
Prepaid Plans: If Client directly notifies Insight in advance, Insight is willing to consider pre-paid pricing plans for any business organizations that are limited to purchase order agreements.
Setup Fee: We offer two (2) Subscription Plans that require additional Setup Fees. If Client chooses one of these Plans or Upgrades to one of these plans, the Setup Fees must be paid at the time of the Plan/Upgrade purchase. The Setup Fees go toward the Guru Sales application which must be downloaded onto the Client's PC, configured and customized for the Client's specific needs.
Effective Date of the Plan: The first date on which the Client purchases a Plan.
Subscription Plan Fee: In consideration for Insight's application Services, Client will choose a Subscription Plan that appropriately quantifies their membership base at the time of purchase. At the time of purchase, the Client agrees to pay the full amount for the month the plan becomes Effective plus the full amount of any Setup Fees, if applicable. Thereafter, unless a prepaid plan is agreed upon in advance, the Client agrees to pay Insight for each month that the Client utilizes Insight's Services. The Client is authorizing Insight to collect the Subscription Plan Fee via automatic ACH payment from Client’s checking account or direct charge to Client's credit card.
Subscription Plan Upgrades: Once the Client reaches the member allowance for the plan purchased, the Client will have the option to upgrade to the next plan level.
Plan Cancellation: The Client may cancel our Service at will. The Client may do so directly through their registered account online.
Plan Refund: The Client has thirty (30) days from the Effective Date of the Plan to determine that our Service does not meet its needs. If the Client does determine that our Service does not meet their needs, then the Client must notify us in writing within the thirty (30) days from the Effective Date of the Plan. The writing can be sent via email or postal mail and must contain language stating that the Client wishes to cancel our Service and receive a refund. Once we receive the written request to cancel, confirmation of the Client's request will be sent to the Client. For Subscription Plan Clients, we will refund the fee paid for the corresponding month in which the request was received less any Set Up Fees paid, if applicable. For Prepaid Plan Clients, we will refund the full monies received less any Setup Fees paid, if applicable.
Client's Service Bill and Late Fees: Once the Client has subscribed to a Plan, Insight will issue an automatic monthly bill directly to Client for Services rendered. The Service bill will be due on the same day as the Effective Date of the Plan every month thereafter. If Client or Client's financial institution fails to honor our Service bill within five (5) days, the Client agrees to pay a ten percent (10%) late fee per week on the past due balance.
Service Report: The Website provides the Client with a report of Membership contracts under Service including their collections and fees imposed. The Client is able to access this information at will.
Direct Payments: Payments on Membership contracts directly to the Client are discouraged. In order to assure proper credit to each account, the Client agrees to promptly notify Insight of any direct payments, including the account number and correct name in which the account is carried.
Scope of Membership Account Responsibility: The Client understands that Insight is a separate entity from the Client's financial institutions and payment gateway. As such, Insight does NOT have control over or access to the Client's banks or accounts. The Client also understands that Insight never handles the Client's money.
Membership Contracts: The Client understands that only current Membership contracts under which the member is not in default or past due for any amount will be acceptable membership contracts under this Terms of Service.
Membership Billing: The Client understands that billing Members remain the Client's responsibility. As such, it is the Client's responsibility to ensure that Members are billed according to their respective Membership contract. Thus, the Client will hold Insight harmless and release Insight from any liability for any billing errors.
Membership Collections: The Client remains responsible for any collection efforts on Member accounts.
Member Contact: The Client understands that Insight has limited contact with the Client's Members by phone, email and postal mail. Insight's contact is only on behalf of the Client in order to facilitate the Terms of Service for the billing Application and will be for no other reason. The Client further understands that any Member concerns, disputes and/or maintenance issues remain the Client's responsibility.
Membership Cancellation: The Client is responsible for any Member account cancellations or any Member accounts in need of partial freeze time.
Membership Data Security: Insight expressly disclaims any and all liability for the Client's handling of Membership Data. Insight recommends that when handling Membership Data, the Client follow the requirements of the PCI DSS. Insight is responsible for storing and protecting the Membership Data only when (i) such data has been properly entered by the Client in accordance with the PCI DSS; and (ii) such data is encrypted and received by Insight's servers. Although Insight's software Service Applications aid in the billing and service of the Client's Memberships, the Client is ultimately responsible for maintaining physical copies of Membership contracts and financial records.
Membership Data Use: The Client is solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of Membership Data. The Client warrants to Insight that Membership Data does not violate applicable law or the rights of any third party.
Taxes: Because Insight bills the Client directly for services rendered and does NOT have control of or access to any of Client's monies, accounts, or financial institutions, Client understands that Client is solely responsible for the payment of any applicable Federal, State or Local Taxes ("Taxes") arising from the use of Insight's software and Services. The Client understands that they are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid or withheld for any reason. The Client understands that Client is responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate taxing authority. Insight is not obligated to, nor will Insight determine whether Taxes apply, or calculate, collect, report or remit any Taxes to any tax authority arising from any transaction. Moreover, the Client is responsible for compliance with any applicable Federal, State or Local Tax laws.
Any software that is made available to download from the Services ("Software") is the copyrighted work of Insight. Use of the Software is governed by the Terms of Service. You will be unable to install any Software Service, unless you first agree to the Terms of Service.
The Software is made available for download solely for use by the Users who have both agreed to the Terms of Service and registered with Insight. Any reproduction or redistribution of the Software not in accordance with the Terms of Service is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY INSIGHT.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF SERVICE. INSIGHT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, INSIGHT MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND APPLICATIONS FOR USE AND/OR DOWNLOAD. INSIGHT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND APPLICATIONS. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND APPLICATIONS MADE AVAILABLE ON THE SERVICES OR IN INSIGHT SOFTWARE PRODUCTS.
IN NO EVENT SHALL INSIGHT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
© 2017 Gym Insight, LLC. All rights reserved.
Published with permission from Termsfeed Terms of Service Agreement .