Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of VERVE Pulse ("the Platform"), provided by VERVE Fitness Pty Ltd (ABN 60 614 080 954) ("we", "us", "our"). By creating an account or using the Platform, you agree to these Terms.

2. The Service

VERVE Pulse is a cloud-based gym management platform that provides member management, billing, scheduling, marketing, equipment tracking, AI-powered analytics, and reporting tools for fitness businesses.

3. Subscriptions and Billing

• All plans are billed monthly or annually in US Dollars (USD)
• Plans are month-to-month with no lock-in contracts unless you choose annual billing
• You can upgrade, downgrade, or cancel your plan at any time
• Cancellations take effect at the end of the current billing period
• Annual plans are non-refundable after the first 30 days
• We reserve the right to change pricing with 30 days' notice

4. Free Trial

New accounts receive a 30-day free trial with full access to all features. No credit card is required to start the trial. At the end of the trial, you must subscribe to a paid plan to continue using the Platform. Trial accounts that are not converted will be deactivated after 30 days.

5. Your Data

• You own your data. All data you enter into Pulse (member information, financial records, equipment data) belongs to you
• You can export your data at any time in standard formats (CSV, JSON)
• We use your data only to provide and improve the Platform as described in our Privacy Policy
• You are responsible for ensuring you have appropriate consent to store member data in Pulse

6. Acceptable Use

You agree not to:

• Use the Platform for any illegal purpose
• Attempt to access other users' accounts or data
• Reverse-engineer, decompile, or disassemble the Platform
• Use the Platform to send spam or unsolicited communications
• Upload malicious code or attempt to compromise Platform security
• Resell or redistribute access to the Platform without our consent

7. Service Availability

We target 99.9% uptime for the Platform. Scheduled maintenance will be communicated in advance. We are not liable for downtime caused by factors outside our control (e.g., internet outages, third-party service failures).

8. Intellectual Property

The Platform, its design, code, AI models, and branding are the intellectual property of VERVE Fitness Pty Ltd. Your subscription grants you a non-exclusive, non-transferable licence to use the Platform for your business operations.

9. Limitation of Liability

To the maximum extent permitted by Australian law, VERVE Fitness Pty Ltd is not liable for any indirect, incidental, or consequential damages arising from your use of the Platform. Our total liability is limited to the amount you paid us in the 12 months preceding the claim.

10. Termination

Either party may terminate this agreement at any time. Upon termination, your access to the Platform will cease at the end of the current billing period. We retain your data for 90 days after termination (see our Privacy Policy).

11. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email with at least 30 days' notice. Continued use of the Platform after changes take effect constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be resolved in the courts of New South Wales.

13. Contact

For questions about these Terms, contact us at legal@vervepulse.ai or through our contact page.