Master Terms of Service & User Agreement

1.1 Corporate Entity: The Platform 'GymBeam' (including mobile applications, web portals, APIs, and associated services) is owned, maintained, and operated by the Parent Entity AETHRIVE Technologies Private Limited (Pending Final Legal Entity Confirmation), a private company incorporated under the Companies Act, 2013 having its registered office in India (hereinafter referred to as the 'Company', 'We', 'Us', or 'Our').

1.2 Intermediary Status: In accordance with Section 2(1)(w) and Section 79 of the Information Technology Act, 2000, and Rule 3 of the IT Rules 2021, the Company operates strictly as an 'Intermediary' and an 'Electronic Marketplace Entity' under the Consumer Protection (E-Commerce) Rules, 2020.

1.3 Nature of Service: GymBeam is a software aggregation and digital reservation platform that facilitates bookings between independent third-party fitness centers, health clubs, and gymnasium operators ('Gym Partners' or 'Gym Operators') and registered individual users ('Customers', 'Users', or 'You').

1.4 No Ownership of Facilities: The Company DOES NOT own, operate, manage, lease, supervise, or control any physical fitness center, gymnasium, athletic facility, exercise equipment, shower, sauna, or locker room listed on the Platform. The Company DOES NOT employ, supervise, certify, or train any fitness instructors, personal trainers, gym managers, or premises staff.

2.1 Age Requirement: You must be at least 18 (eighteen) years of age and competent to enter into a legally binding contract under the Indian Contract Act, 1872. Individuals under 18 years of age ('Minors') are strictly prohibited from registering, booking slots, or entering partner gym facilities without the express verifiable consent and physical accompanied supervision of a parent or legal guardian.

2.2 Account Security: To access booking features, you must create an account by providing your true, accurate, and current full legal name, active mobile number, and verified email address. You are solely responsible for maintaining the confidentiality of your authentication credentials (including OTPs, passwords, or OAuth session tokens). Any activity performed through your authenticated account shall be deemed to have been authorized by you.

2.3 Single User Restriction: Your account is strictly non-transferable. You may not assign, resell, barter, or transfer your account, booking passes, or membership entitlements to any third party.

3.1 Separation of Access Types: The Platform offers two distinct categories of facility access:

3.2 Dynamic Window Pruning: For hourly Slot Bookings, the Platform's booking engine dynamically filters and drops slot durations that exceed the remaining operating window of the selected gym facility. If a partner gym closes in 45 minutes, durations of 1 hour, 2 hours, or 3 hours will be unavailable.

3.3 Membership Access Limitation (No 24/7 Guarantee): A purchased Membership Plan grants regular walk-in entry to the designated gym facility STRICTLY DURING ITS PUBLISHED AND VERIFIED OPERATING HOURS. The Company DOES NOT guarantee, warrant, or represent that any gym offers 24/7 unrestricted access, bypasses local closing hours, or operates on gazetted public holidays.

3.4 Capacity Constraints: Each gym facility operates under statutory and operational maximum occupancy limits. In the event a gym reaches temporary maximum safe capacity, facility operators reserve the right to briefly delay walk-in entry for safety reasons until capacity frees up.

4.1 Pricing Determination: Base session charges, slot rates, and membership plan prices are determined exclusively by independent Gym Operators and are subject to change.

4.2 Midnight Price Adjustment Schedule: Price updates submitted by Gym Operators are staged in an automated queue and activate exclusively at 12:00:00 AM (00:00 hours) Indian Standard Time (IST, Asia/Kolkata). Active bookings made prior to the activation time remain locked at the confirmed purchase rate.

4.3 Platform Convenience Fee: In addition to the gym operator's base charges, the Company levies a technology platform and convenience fee (defaulting up to 20% of gym charges) for software reservation, live occupancy tracking, in-app customer support, and payment orchestration services. The total payable amount displayed prior to payment authorization reflects the full all-inclusive cost (Gym Charges + Platform Fee + Applicable Taxes).

4.4 Payment Processing: All digital payments are processed through Razorpay Software Private Limited, an RBI-licensed Payment Aggregator compliant with PCI-DSS Level 1. The Company does not store, collect, or process your credit/debit card numbers, card expiration dates, CVVs, or UPI PINs.

5.1 Cancellation Restrictions: Because real-time workout slots reserve physical gym capacity and equipment availability, self-service automated cancellations are restricted. Cancellations must be requested prior to slot start time via the in-app Supporter chat channel.

5.2 Refund Processing: Where a cancellation or billing dispute is approved by Platform Administrators (such as when a gym is unexpectedly closed or physical access is wrongfully denied): (a) The base gym charge is credited back to the customer; (b) Approved refunds are transmitted via Razorpay to the customer's original payment source (card, bank account, or UPI handle); (c) Standard settlement banking timelines apply; funds typically reflect within 5 to 7 (five to seven) Indian banking days.

5.3 Non-Refundable Fees: Technology platform convenience fees represent real-time software processing expenses and are non-refundable once an order has been successfully confirmed and authenticated, except where the cancellation arises from an unrectified technical failure of the Platform itself.

6.1 Physical Activity Warning: Physical exercise, strength training, heavy weight lifting, cardiovascular conditioning, bodyweight athletics, and the use of gymnasium machinery are inherently strenuous and carry serious foreseeable and unforeseeable risks of severe bodily injury, cardiac arrest, fractures, sprains, fainting, rhabdomyolysis, permanent physical disability, or death.

6.2 Medical Clearance: You expressly warrant and represent that you are in good physical condition, possess no medical contraindications, and have consulted a licensed medical practitioner prior to engaging in physical workout routines.

6.3 Complete Assumption of Risk: You voluntarily, knowingly, and freely assume all risks, both known and unknown, associated with entering a partner gym facility, utilizing exercise equipment, lifting weights, taking fitness classes, or interacting with on-site staff.

6.4 Waiver and Release of Liability: To the maximum extent permitted under applicable Indian law (including the Law of Torts and the Consumer Protection Act, 2019), YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS THE COMPANY, ITS PARENT ENTITY, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, LIABILITIES, LEGAL COSTS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY PERSONAL INJURY, BODILY HARM, ILLNESS, MEDICAL EMERGENCY, ACCIDENT, OR DEATH SUSTAINED BY YOU ON OR ABOUT THE PREMISES OF ANY PARTNER GYM FACILITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE GYM OPERATOR, FAULTY MACHINERY, SLIP-AND-FALL HAZARDS, TRAINER INSTRUCTION, OR OTHERWISE.

7.1 Compliance with House Rules: You agree to strictly abide by the house rules, safety guidelines, operating hours, and staff instructions of each host gym visited. Gym Operators reserve the absolute right to refuse entry or eject any individual who engages in abusive language, harassment, disorderly behavior, unsafe lifting, or property damage.

7.2 Defective Equipment Reporting: The Company performs no mechanical inspection, structural engineering audit, or maintenance of partner gym machines. If you encounter damaged cables, cracked plates, loose bolts, or malfunctioning treadmills, you must immediately notify the gym operator and cease using the equipment.

7.3 Locker & Valuables Disclaimer: The Company and partner gyms disclaim all liability for the loss, theft, disappearance, or destruction of personal items, smartphones, jewelry, cash, wallets, or gym gear left in locker rooms, cubbies, reception counters, or workout floors. Users bring personal property onto partner premises entirely at their own risk.

8.1 Prohibited Conduct: Under Rule 3(1)(b) of the IT Rules 2021, you agree that you shall not host, display, upload, modify, publish, transmit, or share any information that: (a) belongs to another person and to which you do not have any right; (b) is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, insulting or harassing on the basis of gender, or racially or ethnically objectionable; (c) infringes any patent, trademark, copyright, or other proprietary rights; (d) violates any law for the time being in force; (e) contains software viruses, trojan horses, or code designed to disrupt, damage, or limit the functionality of computer resources; (f) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order.

8.2 Intellectual Property: All software code, graphical user interfaces, design systems, logos, icons, trademarks, databases, and algorithms associated with GymBeam are the exclusive intellectual property of the Company. You are granted a limited, personal, non-exclusive, revocable license to use the mobile application for personal reservation purposes only. Reverse engineering, decompiling, scraping, or cloning the platform is strictly prohibited.

9.1 Safe Harbor: In accordance with Section 79 of the Information Technology Act, 2000, the Company shall not be liable for any third-party information, data, or communication link made available or hosted by it.

9.2 Aggregate Liability Cap: IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, MEDICAL EXPENSES, OR PAIN AND SUFFERING). TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY'S AGGREGATE FINANCIAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTE OR CLAIM SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC BOOKING TRANSACTION GIVING RISE TO THE CLAIM; OR (B) INR 1,000 (INDIAN RUPEES ONE THOUSAND ONLY).

10.1 The Company reserves the right to immediately suspend or permanently terminate your account, without prior notice, if you breach any provision of these Terms, engage in payment fraud, abuse support personnel, or create a safety hazard at any partner facility.

10.2 You may request the voluntary deletion of your account and erasure of personal data at any time in accordance with the Statutory Account Deletion Policy detailed in Document 6.

11.1 Governing Law: These Terms, their interpretation, and any non-contractual obligations arising out of them shall be governed exclusively by the substantive laws of the Republic of India.

11.2 Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to this Agreement shall first be submitted to mutual amicable conciliation. If unresolved within 30 (thirty) days, the dispute shall be finally settled by binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be in India. The proceedings shall be conducted in English.

11.3 Courts of Exclusive Jurisdiction: Subject to the arbitration clause above, the competent courts in India shall have exclusive territorial jurisdiction over any legal proceeding arising hereunder.