Terms of Service

01 Who we are and what these terms cover

DanFit (“DanFit”, “the Service”) is gym management software available at danfit.io. It is operated by Wellness+, Tirana, Albania (“we”, “us”, “our”).

These Terms of Service (“Terms”) are a binding agreement between us and the gym, fitness studio or other business that registers for the Service (“you”, “the Customer”). By creating an account, accepting these Terms or using the Service, you agree to be bound by them. If you accept on behalf of a business, you confirm that you are authorised to do so.

The Service is provided to businesses and professionals, not to consumers. Our Privacy Policy explains how we handle personal data and forms part of these Terms.

02 Your account

To use the Service you must create an account for your gym and provide accurate, complete and up-to-date information, including a valid email address. You must be at least 18 years old. Each account is intended for a single gym location; contact us if you operate several locations.

You may invite staff members (administrators and reception users) to your account. You are responsible for everyone who accesses the Service through your account: for their actions, for keeping credentials confidential and for removing access when someone leaves your team. Tell us immediately at support@weplus.al if you suspect unauthorised use of your account.

03 Free trial

Every new account starts with a free trial of three months. No payment method is required to start the trial. During the trial you have access to the features of the Service as described on our website.

When the trial ends, you can continue using the Service by choosing a paid plan. If you do not, your account is suspended: your data is kept, but you cannot use the Service until a plan is activated (see Suspension and termination).

The free trial is available once per business. We may change or withdraw the trial offer for new customers at any time; this does not affect trials that have already started.

04 Plans, payment and renewal

Paid plans, their prices and billing periods are shown on the pricing page and at checkout. Prices are in euro. Any applicable taxes are calculated and shown at checkout.

Payments are processed by Polar (Polar Software Inc.), which acts as merchant of record: your purchase is made from Polar, which handles checkout, invoicing, tax collection and payment security. We never receive or store your full card details. Polar's terms and privacy policy apply to the payment itself.

Subscriptions renew automatically at the end of each billing period, for a period of the same length, unless you turn off automatic renewal in your subscription settings before the current period ends. Renewals are charged at the price in force at the time of renewal; we will notify you by email at least 30 days before a price increase takes effect.

If a renewal payment fails, we will notify you and retry. If payment is not received, the subscription becomes past due and access to the Service is suspended until the outstanding amount is paid.

Some plans may be assigned manually by us (for example after a separate agreement). Those plans are subject to these Terms and to the conditions agreed in writing.

05 Cancellation and refunds

You can turn off automatic renewal at any time from your subscription settings, or by contacting us. Your subscription then stays active until the end of the period you have already paid for and is not renewed.

Because the Service is provided to businesses, payments are non-refundable and we do not give refunds or credits for partial billing periods, unused time or downgrades, except where the law requires it or where we decide otherwise at our reasonable discretion (for example in case of a billing error). Refunds, when granted, are issued by Polar to the original payment method.

06 Your data and your members' data

All data you enter into the Service — your members' records, subscriptions, check-ins, documents, payments and settings (“Customer Data”) — belongs to you. We only use Customer Data to provide the Service, to support you, to keep the Service secure and as otherwise described in the Privacy Policy.

Where Customer Data includes personal data about your members and staff, you are the data controller and we are your data processor. This means that you are responsible for having a lawful basis to collect the data, for informing your members about how their data is used, and for obtaining any consent that the law requires — in particular explicit consent before enrolling a member in face recognition. The data processing terms set out in our Privacy Policy apply to that processing.

On request, we will provide you with a copy of your Customer Data in a common machine-readable format, and we will delete it when your account is closed as described in Suspension and termination.

07 Acceptable use

You agree to use the Service only for managing your own gym and in compliance with applicable law. In particular, you must not:

• access or attempt to access accounts, data or systems that are not yours, or probe or test the vulnerability of the Service without our written permission;
• copy, modify, reverse engineer or create derivative works of the Service, or resell, rent or offer it to third parties;
• upload malicious code, or use the Service to send unsolicited messages (spam) or unlawful, misleading or offensive content;
• use automated means (scripts, bots, scraping) to access the Service other than through the API we provide for your account;
• use the Service to collect or process personal data in breach of data protection law, or to discriminate against or harm any person;
• interfere with the normal operation of the Service or place an unreasonable load on our infrastructure.

We may suspend or restrict access to accounts that violate this section, as described in Suspension and termination.

08 Emails sent through DanFit

The Service sends emails to your members on your behalf — for example a welcome message, membership confirmations, renewal reminders and copies of signed documents — from an address of ours (noreply@danfit.io) with your gym's name. You are responsible for the information you provide and for making sure you are allowed to contact your members at the email addresses you enter. If a member asks you to stop such messages, you must honour the request by updating their record.

We will also send you messages about your account, billing, security and important changes to the Service. These service messages are part of the Service and cannot be opted out of while your account is active. We do not send marketing emails without your consent.

09 Check-in devices, wallet passes and face recognition

You can register tablets or other devices as check-in devices for your gym using an activation code. You are responsible for the physical security of those devices and for de-registering devices you no longer use.

Membership passes for phone wallets (such as Apple Wallet or Google Wallet) are generated by the Service and installed on your members' phones. Their use is also subject to Apple's and Google's terms. We are not responsible for the availability of those platforms.

Face recognition is an optional add-on. If you enable it, you must (a) inform each member and obtain their explicit, freely given consent before enrolling their face, (b) offer an alternative way to check in for members who do not consent, (c) comply with all laws that apply to biometric data in your country, and (d) delete a member's facial data promptly when they withdraw consent. Face recognition is a convenience feature: matches are probabilistic, and you should not rely on it as your only means of controlling access to your premises.

10 Availability, support and changes to the Service

We work to keep the Service available at all times, but we cannot guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance, updates or because of events outside our control (such as failures of hosting, network or third-party providers). We try to schedule planned maintenance outside peak hours and to notify you in advance when it is likely to affect you.

Support is provided by email at support@weplus.al during our normal business hours. We do not guarantee response times unless agreed in writing.

We continuously improve the Service and may add, change or remove features. If we remove a feature that materially affects your use of the Service, we will give you reasonable notice in advance.

11 Intellectual property

The Service, including its software, design, text, graphics, trademarks and logos, is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes for the duration of your subscription. No other rights are granted.

You keep all rights to your Customer Data and to your own name, logo and materials. You grant us the right to use them only as needed to provide the Service (for example to display your logo on wallet passes and in emails to your members).

If you send us feedback or suggestions, we may use them freely to improve the Service, without any obligation to you.

12 Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

The reports and figures produced by the Service are based on the data you enter and are provided for your information. They do not constitute accounting, tax or legal advice, and you remain responsible for your own bookkeeping and legal obligations.

13 Limitation of liability and indemnity

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential damages, or for loss of profits, revenue, business, goodwill or data, arising out of or in connection with the Service or these Terms, even if we have been advised of the possibility of such damages.

Our total liability for all claims arising out of or relating to the Service or these Terms is limited to the amount you paid for the Service in the twelve months before the event giving rise to the claim (or €100 if you have paid nothing, for example during the free trial).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, wilful misconduct or gross negligence.

You agree to indemnify us against claims, damages and reasonable costs arising from your breach of these Terms, from Customer Data you provide, or from your failure to comply with data protection law — including any claim by a member that their data, or their biometric data, was processed without a valid legal basis.

14 Suspension and termination

You may stop using the Service and close your account at any time by contacting us at support@weplus.al. Closing your account does not entitle you to a refund, except as set out in Cancellation and refunds.

We may suspend or terminate your access, after notice where practicable, if you materially breach these Terms, fail to pay amounts due, use the Service in a way that creates a risk for us, other customers or third parties, or if we are required to do so by law. We may also close accounts that have remained without an active subscription for an extended period after the end of the trial, after notifying you by email.

After your account is closed, we keep your Customer Data for 30 days so that you can request a copy, and then delete it, except for information we must keep by law (such as billing records) and backup copies, which are overwritten according to our backup schedule.

15 Changes to these terms

We may update these Terms from time to time, for example to reflect changes in the Service or in the law. If a change is material, we will notify you by email or through the Service at least 30 days before it takes effect. If you do not agree with the new Terms, you may close your account before they take effect; continuing to use the Service after that date means you accept them. The date at the top of this page shows when the Terms were last updated.

16 Governing law and disputes

These Terms and any dispute arising from them or from the Service are governed by the laws of the Republic of Albania, without regard to its conflict-of-law rules. Mandatory provisions of the law of the country in which you are established that cannot be waived by contract remain unaffected.

If you have a dispute with us, please contact us first at support@weplus.al; we will try to resolve it amicably. Disputes that cannot be resolved this way are subject to the exclusive jurisdiction of the courts of Tirana, Albania, unless mandatory law provides otherwise.

17 General provisions

These Terms, together with the Privacy Policy and any written agreement between us, form the entire agreement between you and us regarding the Service. If any provision is found invalid or unenforceable, the remaining provisions remain in force. Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign or transfer these Terms without our written consent. We may assign them to a successor or affiliate that continues to provide the Service, and we will notify you if we do.

Neither party is liable for delays or failures caused by events beyond its reasonable control (force majeure), except for payment obligations.

Notices to you will be sent to the email address of your account; notices to us should be sent to support@weplus.al. These Terms are available in English and Italian; in case of any discrepancy, the English version prevails.

18 Contact

If you have questions about these Terms, contact us at support@weplus.al.