Terms ofService

These Terms of Service ("Terms") are a binding agreement between you and Gymkeeper Oy (business ID 3650234-4, Mekaanikonkatu 15A, 00880 Helsinki, Finland) ("GymKeeper", "we", "us"), the rights holder of GymKeeper, governing your use of the GymKeeper platform: the administration app, the member and kiosk apps, the OpenAir web shop, door access integration, our APIs and our websites (together, the "Services").

You may use the Services only if you can form a binding contract with Gymkeeper Oy. If you are accepting these Terms and using the Services on behalf of a company, organisation, government or other legal entity, you represent and warrant that you are authorised to do so, and these Terms bind that entity. You may use the Services only in compliance with these Terms and with all applicable local, national and international laws and regulations.

If we have signed a separate agreement with you, that agreement controls wherever it conflicts with these Terms.

You are solely responsible for any activity that occurs under your account, screen name or password, and for your team's use of the Services being within these Terms.

• Store login details securely, and give each person who needs access their own account rather than a shared one.
• Provide accurate registration and billing information, and keep it current.
• Do not provide false or misleading personal information, and do not create an account for anyone other than yourself without their permission.
• Keep API keys secret — do not embed live keys in client-side code or public repositories.
• Tell us promptly at security@gymkeeper.fi if you suspect unauthorised access.

You are responsible for your use of the Services, for any Content you post to them, and for any consequences of doing so.

Content you submit, post or display through the Services is private by default. It is visible only to you, to the organisation whose account you use, and to the people they authorise. Parts of the Services are published deliberately — course and schedule listings, webshop products, OpenAir pages and similar — and Content you place there is visible to anyone who can reach those pages. You choose what is published, through the Service settings. Only publish Content you are comfortable sharing with everyone who can reach the page it appears on.

All Content, whether published or privately transmitted, is the sole responsibility of the person who originated it. We do not monitor or control the Content posted through the Services, and we do not endorse, support or guarantee the completeness, truthfulness, accuracy or reliability of any of it. Any use of or reliance on Content obtained through the Services is at your own risk, and we are not liable for any loss or damage arising from it.

You retain all rights to the Content you submit, post or display through the Services. You grant Gymkeeper Oy a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt and display that Content for the sole purpose of operating and providing the Services to you and to the organisation whose account you use.

That licence is limited to what operating the Services requires. We do not sell, rent or licence your Content to third parties, and we do not use it for advertising. We may pass Content to the service providers that host and operate the Services on our behalf — hosting, email delivery, payment processing and similar — under contract and only for that purpose.

If Gymkeeper Oy or the GymKeeper business is acquired, merged with another company or sold, your Content and account may transfer to the acquiring party as part of that transaction. The acquiring party will remain bound by these Terms and by the Privacy Policy in force at the time of transfer, and we will notify you before any such transfer takes effect.

The licence ends when you delete the Content or close your account, except where we are required to retain it by law or where retention is necessary for accounting — invoices, receipts and the records that support them are kept for the period Finnish bookkeeping law requires. Personal data contained in Content is processed as described in our Privacy Policy.

GymKeeper is priced on the turnover you process through it. The fee for a month is calculated from that month's turnover using the brackets published on the pricing page, where each bracket is charged only on the part of the turnover inside it and may carry a minimum fee. A month with no turnover at all is billed at the parked-month rate shown on the same page, which keeps the account, its customers, cards and bookings intact while you are closed.

Fees are invoiced in arrears, after the month they relate to. VAT and other taxes are added where we are required to collect them. You may stop using the Services at any time; fees for months already used remain payable, and except where the law requires otherwise, fees already paid are not refunded.

We may change prices with at least 30 days' notice, by email to the address associated with your account; a change applies from the first full month after the notice period ends. Statutory interest may be charged on late payment, and if an invoice is more than 15 days past due we may suspend the account after giving you notice.

You agree not to use the Services to:

• Break the law, or infringe the intellectual property, privacy or publicity rights of others.
• Store or publish personal data you have no right to process.
• Use door access, cards or member records to admit or identify people your organisation is not entitled to admit or identify.
• Probe, scan or circumvent the security of the Services, or reach data belonging to another organisation.
• Send unsolicited bulk email through the Services.
• Resell access to the Services, or share one subscription across organisations other than the one the account was opened for.

We may suspend or terminate access for violations — immediately where the violation risks harm to people, to data or to the Services. Where it is practical, we will tell you first and give you a chance to put it right.

Any information you or your users provide is subject to our Privacy Policy, which governs how we collect and use it, and where it is stored and processed.

For the personal data of your own members, customers and staff, your organisation is the controller and we act as a processor on your instructions: it is your data, held for you, and we use it to operate the Services and for nothing else. For the data of the people we contract with — account holders, billing and support contacts — we are the controller.

As part of providing the Services we need to send you certain messages: service announcements, security notices, invoices and administrative mail. These are part of the Services and your account rather than marketing, and you may not be able to opt out of receiving them.

The Services connect to things we do not run: payment providers, accounting and invoicing systems, email and SMS delivery, and the door controllers, readers and networks in your own premises. Your use of an integration you enable is governed by that provider's own terms as well as these, and we are not responsible for their services, their availability or their pricing. Where a provider hosts or operates part of the Services on our behalf, we contract with them for that purpose and they handle your Content only on our instructions.

The Services — the software, documentation and branding — are owned by Gymkeeper Oy and its licensors and are protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable licence to use them as these Terms permit. Any feedback you choose to send us may be used without restriction or obligation to you. Except for the rights expressly granted here, no licence is implied.

The Services are always evolving, and their form and nature may change over time. We may also set limits on use and storage. Where a change materially affects your use of the Services, we will give you reasonable notice in advance by email to the address associated with your account, or by a notice within the Services. We may not be able to give advance notice of changes we have to make for security, legal or technical reasons.

We do not commit to a particular level of availability unless we have agreed one with you in writing.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA; AND OUR AGGREGATE LIABILITY UNDER THESE TERMS IS CAPPED AT THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR €100 IF YOU HAVE PAID US NOTHING.

Nothing in these Terms limits liability for damage caused intentionally or through gross negligence, or any other liability that cannot be limited under mandatory law.

You may stop using the Services and close your account at any time. We may suspend or terminate the Services for a material breach that is still uncured 14 days after notice, immediately for unlawful use, or if we discontinue the Services — in which case you get at least 90 days' notice and a pro-rata refund of anything you have prepaid.

After termination you may export your data for 30 days, after which it is deleted as described in our Privacy Policy, except for the records we are required to keep by law or for accounting. The sections that by their nature should outlast the agreement — content ownership, disclaimers, limitation of liability, governing law — survive it.

You may not assign or transfer these Terms, or any rights under them, without our written consent. We may assign these Terms and our rights and obligations under them in full, without your consent, to a successor in interest in connection with a merger, acquisition, corporate reorganisation or a sale of all or substantially all of our assets. We will notify you if this happens.

These Terms are governed by the laws of Finland, excluding its conflict-of-law rules. Disputes arising from them are settled by the District Court of Helsinki, unless mandatory law requires another forum. If any provision is unenforceable, the rest remains in effect, and our failure to enforce a provision is not a waiver of it.

We may revise these Terms from time to time. The current version is always at www.gymkeeper.fi/en/terms. If a revision is material, in our reasonable judgement, we will notify you at least 30 days in advance by email to the address associated with your account, or by a notice within the Services. By continuing to use the Services after a revision takes effect, you agree to be bound by it; your sole remedy if you do not agree is to close your account and stop using the Services.

Questions about these Terms: legal@gymkeeper.fi, or by post to Gymkeeper Oy, Mekaanikonkatu 15A, 00880 Helsinki, Finland.