Terms of Service

    Last Updated: 14/04/2026

    Terms of Service

    Last Updated: April 14, 2026

    1. Acceptance of Terms

    By accessing, registering for, or using MyGymDesk ("Service"), you ("You", "Tenant", "Customer") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Refund & Cancellation Policy, which are incorporated herein by reference. If you do not agree to these Terms, please do not use our Service.

    By clicking "I agree" or checking the consent checkbox during registration, you confirm that you have read, understood, and agree to be bound by these Terms. This constitutes a valid electronic contract under the Information Technology Act, 2000 and rules made thereunder.

    MyGymDesk ("Company", "We", "Us", "Our") is owned and operated by Mygymdesk Technologies Private Limited (CIN: U62013TS2026PTC213750), a company incorporated under the Companies Act, 2013, with its registered office at Flat J705, Aparna Sarovar Zicon, Nallagandla, Serilingampally, Hyderabad - 500019, Telangana, India.

    2. Description of Service

    MyGymDesk is a cloud-based, multi-tenant gym management software platform ("SaaS") that enables fitness businesses to manage members, subscriptions, billing, attendance, classes, and related operations. The Service is provided on a subscription basis and includes:

    • Owner/Staff Portal (app.mygymdesk.in) for gym management
    • Member Portal (member.mygymdesk.in) for member self-service
    • WhatsApp-based communication and automation (via approved third-party integration)
    • Payment processing integration (via Razorpay)

    3. User Accounts

    • You must provide accurate and complete information when creating an account.
    • You are responsible for maintaining the confidentiality of your account credentials.
    • You must be at least 18 years old to create an account and use the Service.
    • One account per gym/business location unless on an Enterprise plan.
    • You are responsible for all activities that occur under your account.
    • Account creation is subject to review and approval by MyGymDesk. We reserve the right to reject account registrations without providing a reason.

    4. Free Trial

    We offer a free trial period of 30 (thirty) days from the date your account is approved. During the trial:

    • No payment information is required to start a trial.
    • You have access to the features available in your selected plan.
    • The trial does NOT auto-convert to a paid subscription. You must explicitly choose to upgrade and make a payment to continue using the Service after the trial period.
    • If you do not subscribe before the trial expires, your account will be suspended. Your data will be retained for 30 days after trial expiry, after which it may be permanently deleted.

    5. Subscription Plans & Payments

    • We offer multiple subscription plans: Starter (₹999/month), Growth (₹1,999/month), Pro (₹3,499/month), and Enterprise (custom pricing). Plan features and pricing are detailed at mygymdesk.in/pricing.
    • All fees are quoted and payable in Indian Rupees (₹ INR).
    • Payments are due in advance on a monthly or annual billing cycle, as selected by you.
    • All fees are exclusive of applicable taxes including GST, which will be charged as per prevailing rates.
    • We reserve the right to modify pricing with 30 days' prior written notice. Existing subscriptions will continue at the agreed price until the end of their current billing cycle.
    • Payments are processed through Razorpay. By making a payment, you also agree to Razorpay's Terms of Service.
    • Failed payments may result in service suspension after a 7-day grace period and notification.

    6. User Responsibilities

    • Comply with all applicable Indian laws and regulations, including the Digital Personal Data Protection Act, 2023 ("DPDP Act").
    • As a Data Fiduciary: You are responsible for obtaining valid, informed consent from your gym members before collecting and uploading their personal data (name, phone number, attendance, payment records, etc.) to the Service. MyGymDesk acts as a Data Processor on your behalf and processes member data solely to provide the Service.
    • Maintain accurate records of your members and their consent.
    • Use the Service only for lawful purposes related to fitness business management.
    • Not share your account credentials with unauthorized parties.
    • Ensure that any staff you grant access to your account are authorized to view and manage the data within it.

    7. Communication Consent

    By creating an account, you consent to receive communications from MyGymDesk via:

    • Email: Transactional emails (receipts, account updates, onboarding guidance) and occasional product updates.
    • WhatsApp: Service-related messages, onboarding tips, subscription reminders, and support communications sent to the mobile number registered with your account.
    • In-App Notifications: Feature announcements and system alerts within the Service.

    You may opt out of non-transactional communications at any time by emailing [email protected] or clicking the unsubscribe link in any marketing email. Transactional messages related to billing, security, and account status cannot be opted out of while your account is active.

    8. Prohibited Activities

    You agree not to:

    • Use the Service for any illegal purpose or in violation of any applicable law.
    • Attempt to gain unauthorized access to the Service, other accounts, or our systems.
    • Interfere with, disrupt, or overburden the Service or its infrastructure.
    • Upload malicious code, viruses, or harmful content.
    • Resell, redistribute, sublicense, or commercially exploit the Service without written authorization.
    • Use the Service to send spam, unsolicited communications, or bulk messages to gym members in violation of applicable laws.
    • Violate any third-party intellectual property rights.
    • Use the Service for any business other than fitness, wellness, or related services (gyms, yoga studios, pilates, martial arts, dance studios, swimming pools, CrossFit boxes, sports academies).
    • Upload, store, or process data that you do not have lawful authority to process, or data obtained without proper consent from the data subjects.

    9. Intellectual Property

    • MyGymDesk, including its source code, design, logo, branding, documentation, and all associated intellectual property, is owned by MyGymDesk.
    • Your Data: You retain full ownership of all data you upload to the Service, including member records, payment data, attendance logs, and any other content. We do not claim ownership over your data.
    • You grant us a limited, non-exclusive, revocable license to use, process, and display your data solely to provide, maintain, and improve the Service.
    • Our trademarks, logos, and branding may not be used without prior written permission.

    10. Data Privacy & Processing

    • We collect and process data as described in our Privacy Policy, which forms an integral part of these Terms.
    • Data Processing Relationship: When you use MyGymDesk to manage your gym members' data, you act as the Data Fiduciary and MyGymDesk acts as the Data Processor under the DPDP Act, 2023. We process your members' personal data strictly on your instructions and for the purpose of providing the Service.
    • You are responsible for obtaining appropriate consent from your members and for complying with all applicable data protection laws.
    • We implement industry-standard security measures including encryption, access controls, and row-level data isolation between tenants.
    • Data Breach Notification: In the event of a data breach affecting your data, we will notify you within 72 hours of becoming aware of the breach, along with details of the nature of the breach and steps being taken to mitigate it.

    11. Service Availability

    • We use commercially reasonable efforts to maintain high availability of the Service. However, we do not guarantee uninterrupted or error-free service.
    • Scheduled maintenance will be communicated at least 24 hours in advance via email or in-app notification, and will be scheduled during off-peak hours (typically 12 AM – 5 AM IST) where possible.
    • We are not liable for downtime due to factors beyond our reasonable control, including but not limited to internet outages, third-party service failures, natural disasters, or government actions.

    12. Limitation of Liability

    • The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
    • To the maximum extent permitted by applicable law, MyGymDesk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill.
    • Our total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the total fees actually paid by you to MyGymDesk in the 12 (twelve) months immediately preceding the event giving rise to the claim.
    • Nothing in these Terms shall exclude or limit liability for fraud, gross negligence, or any liability that cannot be excluded under applicable Indian law.

    13. Indemnification

    You agree to indemnify, defend, and hold harmless MyGymDesk, its directors, officers, employees, and agents or contractors from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

    • Your use of the Service in violation of these Terms.
    • Your breach of any applicable law, including data protection laws.
    • Any claim by a third party (including your gym members) arising from your use of the Service or your failure to obtain proper consent for data processing.
    • Any content or data you upload to the Service that infringes on third-party rights.

    14. Termination

    • You may cancel your subscription at any time from Settings > Billing, or by emailing [email protected].
    • We may suspend or terminate your account for material violation of these Terms after providing 15 days' written notice and an opportunity to cure (except in cases of egregious violations where immediate termination may be necessary).
    • Upon termination: Your data will be retained and available for export for 30 (thirty) days. After 30 days, your data will be permanently deleted from our active systems. Backup copies may be retained for up to 90 days before permanent deletion.
    • You may request a full data export (CSV/Excel format) at any time before or during the 30-day post-termination window by emailing [email protected].
    • Termination does not relieve you of the obligation to pay any fees accrued prior to termination.

    15. Force Majeure

    Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of the party, including but not limited to natural disasters, epidemics, war, terrorism, riots, government actions, internet or telecommunications failures, power outages, or failures of third-party service providers. The affected party shall promptly notify the other party and make reasonable efforts to mitigate the impact.

    16. Dispute Resolution

    • Disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation within 30 (thirty) days of written notice of the dispute.
    • If negotiation fails, the dispute shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by both parties. The seat and venue of arbitration shall be Hyderabad, Telangana, India. The language of arbitration shall be English. The arbitration award shall be final and binding on both parties.
    • Each party shall bear its own costs of arbitration unless the arbitrator directs otherwise.

    17. Governing Law & Jurisdiction

    These Terms are governed by and construed in accordance with the laws of India. Subject to the arbitration clause above, the courts of Hyderabad, Telangana, India shall have exclusive jurisdiction over any disputes arising under these Terms.

    18. Changes to Terms

    We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance via email to your registered email address and/or through a prominent notice within the Service. Your continued use of the Service after such notice period constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your subscription before the changes take effect.

    19. General Provisions

    • Entire Agreement: These Terms, along with the Privacy Policy and Refund Policy, constitute the entire agreement between you and MyGymDesk with respect to the Service.
    • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
    • Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
    • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets.

    20. Contact Information

    For questions about these Terms:

    • Email: [email protected]
    • Founder: Biswanath Sarkar — [email protected]
    • Address: Mygymdesk Technologies Private Limited, Flat J705, Aparna Sarovar Zicon, Nallagandla, Serilingampally, Hyderabad - 500019, Telangana, India