Terms of use

1. Scope

These terms govern use of InoGym software provided by Luka Božić and Nikola Stanojević to gyms (Clients) and their members through the mobile app.

2. Account and access

The Client is responsible for accurate data, its staff's conduct and lawful processing of members' data. Members are responsible for keeping their access credentials secure.

3. Acceptable use

System abuse, attempted unauthorised access, unlawful content and entering data without an appropriate legal basis are prohibited.

4. Music (radio) on the premises

The software allows internet radio playback. Public performance licences, such as SOKOJ/OFPS in Serbia, are solely the Gym's responsibility. The Service Provider does not supply music licences and is not responsible for content played by the Gym, including manually entered sources.

5. Availability, support and liability

Service availability. InoGym is intended for continuous use, 24 hours a day, seven days a week. The Provider takes reasonable technical and organisational measures to keep the Software available and resolve reported errors without undue delay, according to their severity and impact on the Client. This is not a guarantee of uninterrupted operation or a particular availability percentage unless a service level agreement (SLA) is expressly agreed in a separate written contract.

Maintenance and support. Access may be temporarily restricted for planned maintenance, security upgrades, emergency interventions or development. Where reasonably possible, planned work will be announced in advance and arranged to minimise disruption. Support requests use the channels stated in the app, quotation or contract. Resolution depends on the problem's nature and complexity, third-party availability and timely Client cooperation; no exact resolution time is guaranteed unless separately agreed.

Client obligations. The Client provides a working internet connection, power, compatible devices and secure account use, and supplies information and access reasonably needed for diagnosis. The Provider is not liable for interruptions or errors caused by Client equipment or networks, inaccurate or incomplete data, unauthorised changes, use contrary to these terms or unavailability of third-party hosting, email, push notifications, analytics or internet radio services.

Estimates and analytics. Occupancy and dropout risk estimates, analytical indicators and notifications are informational aids. Accuracy depends on the quality and volume of available data. The Client remains responsible for business, financial and operational decisions.

Limitation of liability. To the extent permitted by applicable law, the Provider is liable only for direct and foreseeable damage proven to result from its breach of contractual duty. It is not liable for lost profits, lost business opportunities, business interruption, reputational damage or other indirect or consequential loss. Total liability for all claims arising from one event or related events is limited to the subscription paid by the Client for the 12 months before the damage arose. This limit does not apply to intentional or grossly negligent damage or liability that mandatory law does not allow to be limited.

Force majeure. Neither party is liable for delay or non-performance caused by circumstances beyond its reasonable control that it could not prevent, remedy or avoid, including power or telecommunications failures, government actions, war, unrest, epidemics, natural disasters and major cyber incidents. The affected party will notify the other without undue delay and take reasonable steps to resume performance.

QR scanner warranty. If the Provider supplies a QR scanner with the Software, the warranty lasts 12 months from delivery and covers faults during normal use. It excludes physical damage, drops, liquids, improper handling, unsuitable power, unauthorised repairs and consumable parts. Following inspection, the Provider's obligation is limited, at its discretion, to repair or replacement of the faulty device.

6. Billing and duration

Subscription and plan. The Client uses InoGym according to the plan, features, number of locations or users, price and billing period stated in the accepted quotation, purchase order or separate agreement. Additional modules, integrations and AI-based features are included only if expressly listed in that documentation. In a conflict, separately agreed commercial terms take precedence over this clause.

Invoicing and payment. Subscriptions are billed monthly in advance unless the quotation or contract states otherwise. Payment deadlines and methods are stated on the invoice. Commercial billing may only be carried out through a registered sole trader or legal entity whose full business details must appear in the quotation and invoice. Prices exclude taxes and other public charges unless expressly stated otherwise.

Gym membership fees. InoGym does not collect fees from Gym members or process payment card numbers, CVV codes or payment intermediary data. The Software only records payment methods entered by the Client, such as cash, card or bank transfer. Member invoicing, tax obligations, refunds and all membership-related disputes are solely the Client's responsibility.

Late payment. If the Client fails to pay an overdue amount within the additional period stated in a written reminder, the Provider may suspend access until full payment. Suspension does not delete data solely because of late payment or release the Client from overdue obligations. Access may be restricted immediately where needed to protect the system, data or other users.

Duration and ordinary termination. The contractual relationship starts on account activation or the date stated in the accepted quotation or contract. Unless a fixed term is agreed, the subscription continues indefinitely and renews each billing period. Either party may terminate in writing with the notice period stated in the quotation or contract, or 30 days if none is stated. Early ordinary termination of a fixed-term agreement is possible only if separately agreed.

Termination for breach. Either party may terminate if the other materially breaches a duty and fails to remedy it within a reasonable period after written notice. The Provider may terminate or immediately suspend access for unlawful use, attempted unauthorised access, threats to system security or repeated non-payment. Overdue amounts remain payable after termination. Personal data is handled under the Privacy Policy and, where applicable, the data processing agreement. Before termination, the Client must save business records it is legally required to retain.

Price changes. The Provider may change subscription prices with at least 30 days' advance notice. New prices apply from the next billing period and do not affect periods already paid. Clients who do not accept a change may cancel before the new price takes effect.

7. Changes and governing law

Changes to these terms. The Provider may amend these terms for software development, business model changes, security or regulatory compliance. Material changes will be notified by email, in-app message or website at least 30 days before taking effect. Changes required by law, urgent security measures or correction of obvious errors may take effect immediately, with notice as soon as reasonably possible. Continued use after changes take effect constitutes acceptance; if a change materially worsens the Client's position, the Client may cancel before it takes effect.

Contract documentation. The accepted quotation or separate agreement, any data processing agreement, the Privacy Policy and these terms form the contractual relationship. A separate agreement or accepted quotation takes precedence in a conflict. For personal data processing, the data processing agreement takes precedence, followed by the Privacy Policy.

Electronic communications. Notices and statements concerning Software use may be sent electronically to the Client's account email or through the Software unless mandatory law requires another form. The Client must keep contact details up to date.

Governing law and jurisdiction. The relationship is governed by the law of the country where the Provider's registered office, as stated in the accepted quotation, contract or invoice, is located, excluding conflict-of-laws rules unless expressly agreed otherwise. The parties will first seek an amicable resolution. If unresolved within 30 days of a written request, the court with subject-matter jurisdiction at the Provider's registered office has jurisdiction, unless mandatory rules provide otherwise. This does not limit Gym members' rights under mandatory consumer protection law.

Severability and waiver. If a provision is found void, invalid or unenforceable, the others remain effective and the affected provision will be interpreted or replaced as closely as possible to its lawful purpose. Failure to immediately enforce a duty does not waive that right.