Terms of sale

1. Purpose and scope

These terms of sale govern the subscription to and use of the NetFit software platform by any gym, fitness studio, or similar organization ("the Client") subscribing to one of NetFit's license tiers. They apply to the exclusion of any other terms, unless otherwise agreed in writing.

2. Description of the service

The NetFit platform is a SaaS (Software as a Service) solution for gym management: member and subscription management, QR badge access control, payment recording, billing, dashboard, multi-location management, and staff management. The features included per tier are described on the Site's pricing page (netfitsn.com/tarifs), which forms an integral part of these terms of sale.

• Starter: up to 250 members, 1 location, essential features.
• Pro: up to 500 members, 3 locations, advanced analytics, mobile money payments, automated notifications.
• Enterprise: unlimited members and locations, multi-location dashboard, subscription exclusively via negotiated quote.

3. Sign-up and trial period

Sign-up takes place online, through the creation of an account linked to an authorized representative of the gym (the "Owner"). Each new gym gets a 10-day free trial, with no commitment, to test the platform before any payment. At the end of this period, access to the platform is conditional on subscribing to a paid tier.

4. Pricing and payment terms

Prices are expressed in West African CFA francs (XOF) and are those displayed on the Site's pricing page at the time of subscription. The Client chooses between monthly or annual billing (an annual commitment comes with a discount equivalent to two free months). Payment is made through the methods available on the platform, notably mobile money via a third-party payment provider. The Enterprise tier is subject to an individually negotiated invoice, outside self-service sign-up.

Any invoice unpaid at its due date may, after a reminder, lead to suspension of platform access under the conditions described in section 9.

5. Term, renewal, and termination

The subscription is entered into for a monthly or annual term as chosen by the Client, with automatic renewal for an equivalent term unless terminated. The Client may terminate at any time from their management dashboard or by contacting NetFit; termination takes effect at the end of the current period, with no pro-rata refund of amounts already paid, unless otherwise stated when changing tiers.

When changing tiers during a subscription, pro-rata terms are applied automatically by the platform and communicated to the Client before confirmation.

6. NetFit's obligations

NetFit commits to using reasonable means to ensure the availability, security, and proper functioning of the platform, within the limits of the technical constraints inherent to any online service (maintenance, force majeure, third-party provider malfunction). NetFit does not guarantee uninterrupted availability, except where a service level commitment is explicitly provided for the Enterprise tier.

7. Client's obligations

The Client agrees to provide accurate information at sign-up, to keep its team's login credentials confidential, to use the platform in accordance with its intended purpose, and to comply with applicable regulations regarding the personal data of its own members entered into the platform.

The Client remains solely responsible for the accuracy of the data it enters or has entered into the platform.

8. Data ownership

The Client remains the owner of all data it enters into the platform (member records, payments, history). NetFit acts as a data processor within the meaning of data protection regulations, processing this data on the Client's behalf, under the conditions described in our data processing agreement.

9. Suspension and termination for breach

NetFit may suspend access to the platform, after a formal notice has gone unanswered, in the event of non-payment, non-compliant use of these terms of sale, or use that compromises the platform's security or a third party's rights. Termination for serious breach may occur without compensation to the Client.

10. Software intellectual property

The NetFit platform, its source code, interfaces, and documentation remain the exclusive property of NetFit. Subscribing grants the Client a personal, non-exclusive, non-transferable right of use, limited to the duration of the subscription.

11. Liability and warranties

NetFit uses reasonable means to provide a quality service, without guaranteeing the platform is free of errors. NetFit's liability, if established, is limited to direct damages and capped at the amounts paid by the Client over the preceding twelve months. NetFit cannot be held liable for indirect damages (loss of revenue, loss of clientele) or for the consequences of non-compliant use of the platform by the Client or its team.

12. Confidentiality

Each party agrees to keep confidential any non-public information of the other party it becomes aware of in the course of performing this agreement.

13. Force majeure

Neither party may be held liable for a failure to perform its obligations resulting from a case of force majeure under Senegalese law.

14. Changes to these terms of sale

NetFit may modify these terms of sale at any time. The Client will be informed of any material change by email or in-platform notification, with reasonable notice before it takes effect.

15. Governing law and disputes

These terms of sale are governed by Senegalese law. In the event of a dispute, the parties will seek an amicable solution before any legal action; failing that, the competent Senegalese courts shall have exclusive jurisdiction.

16. Contact

For any question about these terms of sale: contact@netfitsn.com.