Terms and Conditions

Last updated: August 15, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Bayern, Germany

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Bjj Gym.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website and all services provided therein, including but not limited to gym profiles, user accounts, payment processing, and booking systems.

  • Subscription refers to the recurring payment plan or one-time payment options offered by the Service for access to premium features.

  • Partner refers to gym owners or administrators who use the Service to manage their gym profiles and services.

  • User refers to individual users who access the Service to find and interact with gyms.

  • Payment Processor refers to Lemon Squeezy, the third-party service provider that processes all payments on the Service.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Bjj Gym, accessible from https://www.bjjgym.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Service Description and Modifications

Service Overview

The Service provides a platform connecting Brazilian Jiu-Jitsu gyms with potential students and members. Features include gym profiles, class schedules, booking systems, and various tools for both gym owners and users. The Service is provided on an “as is” and “as available” basis.

Service Modifications

The Company reserves the right to modify, suspend, or discontinue any part of the Service at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Feature Availability

Some features marked as “Coming Soon” may be implemented in future updates. The Company makes no guarantees about the timeline or eventual implementation of such features. Users should not make subscription decisions based solely on promised future features.

Subscriptions and Payments

Subscription Plans

The Service offers various subscription plans for both Partners and Users:

Partner Plans:

  • Basic (Free): Limited features for basic gym profiles
  • Early Adopter: Premium features at a discounted rate
  • Lifetime Access: One-time payment for permanent access

User Plans:

  • Basic (Free): Limited access to gym search and basic features
  • Early Adopter Monthly: Premium features at a discounted monthly rate
  • Early Adopter Lifetime: One-time payment for permanent premium access

Payment Terms

  1. All payments are processed through our authorized payment processor, Lemon Squeezy
  2. Prices are listed in USD and exclude applicable taxes
  3. Subscription fees are billed in advance on a recurring basis according to your chosen plan
  4. Early Adopter rates are guaranteed for the duration of continuous subscription
  5. Lifetime Access payments are one-time and non-recurring

Payment Processing

  1. You agree to provide current, complete, and accurate purchase and account information
  2. You agree to promptly update account and payment information, including email address and credit card numbers/expiration dates
  3. You authorize us to charge your chosen payment method for the selected subscription plan
  4. If automatic billing fails, the Company may disable or terminate your access to the Service

Refunds and Cancellations

  1. Subscription plans may be cancelled at any time through your account settings
  2. Cancellations take effect at the end of the current billing period
  3. No refunds or credits will be provided for partial subscription periods
  4. Lifetime Access payments are non-refundable unless required by law
  5. Early Adopter pricing cannot be reinstated after cancellation

Free Trials

  1. Free trials provide temporary access to premium features
  2. Payment information may be required to start a trial
  3. Automatic subscription billing begins at trial end unless cancelled
  4. One free trial per user/partner

Price Changes

  1. The Company reserves the right to modify subscription prices
  2. Price changes will be communicated in advance
  3. Changes take effect at the next billing cycle
  4. Early Adopter rates are protected from price increases
  5. Lifetime Access payments are protected from future price changes

Service Usage and Restrictions

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  1. Use the Service in any way that violates applicable laws or regulations
  2. Impersonate or attempt to impersonate the Company, employees, other users, or partners
  3. Engage in any automated use of the system
  4. Attempt to bypass any security measures
  5. Interfere with or disrupt the Service or servers
  6. Collect or track personal information of other users
  7. Upload or transmit viruses or malicious code

Partner Obligations

Gym owners and partners agree to:

  1. Provide accurate and current information about their gym
  2. Maintain accurate class schedules and availability
  3. Honor bookings made through the platform
  4. Maintain appropriate insurance and licenses
  5. Comply with local business regulations
  6. Respond to user inquiries in a timely manner

User Obligations

Individual users agree to:

  1. Provide accurate personal information
  2. Honor gym bookings and cancellation policies
  3. Follow individual gym rules and policies
  4. Maintain appropriate conduct when visiting partner gyms
  5. Pay all applicable fees for services booked

Intellectual Property

Ownership

  1. The Service and its original content (excluding user-generated content), features, and functionality are owned by the Company
  2. The Service is protected by copyright, trademark, and other laws
  3. Our trademarks and trade dress may not be used without prior written permission

User-Generated Content

  1. Users retain ownership of their content
  2. Users grant the Company a worldwide, non-exclusive license to use, reproduce, and distribute their content
  3. The Company may monitor and remove inappropriate content
  4. Users are responsible for their content and its legality

Liability and Disclaimers

Service Reliability

  1. The Service is provided “as is” without warranties
  2. We do not guarantee uninterrupted or error-free service
  3. We are not responsible for gym quality or safety
  4. We do not verify partner credentials or insurance
  5. Users participate in physical activities at their own risk

Limitation of Liability

  1. The Company is not liable for indirect, incidental, or consequential damages
  2. Total liability is limited to amounts paid for the Service
  3. Some jurisdictions do not allow liability limitations

Indemnification

You agree to indemnify and hold harmless the Company from any claims arising from:

  1. Your use of the Service
  2. Your violation of these Terms
  3. Your interaction with other users
  4. Your content submissions
  5. Your participation in physical activities

Changes to Service and Terms

Service Changes

  1. Features may be added, modified, or removed
  2. Pricing may be adjusted with notice
  3. Service availability may vary
  4. Integration with third-party services may change

Terms Updates

  1. Terms may be modified at any time
  2. Changes will be posted with notice
  3. Continued use constitutes acceptance
  4. Material changes require explicit consent

Dispute Resolution

Governing Law

These Terms are governed by the laws of Bayern, Germany, without regard to conflict of law principles.

Dispute Process

  1. Informal resolution attempted first
  2. Mandatory mediation before litigation
  3. Exclusive jurisdiction in Bayern courts
  4. Class action waiver
  5. One-year limitation period

Contact Information

For questions about these Terms:

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.