Terms of Service

These terms are the agreement between FytMate Pty Ltd (ABN 43 701 728 010, ACN 701 728 010) of Blacktown NSW 2148, Australia ("FytMate", "we", "us"), and the business that opens a ClubKey account ("your club", "you"). The person who opens the account confirms they are authorised to accept these terms for that business.

By starting a trial, choosing a plan or using ClubKey, you accept these terms. Our Privacy Policy (https://fytmate.com/clubkey/privacy) and Cancellation & Refund Policy (https://fytmate.com/clubkey/refunds) form part of them.

1. The service

1.1 ClubKey is software for running a gym, studio or club: member records and agreements, billing and payment collection, door access, class and facility bookings, point of sale, messages to members, a member app in your club's name, and reports (the "Service"). It is provided at app.clubkey.com.au, together with related software, device integrations and support.

1.2 We provide the Service with due care and skill. We aim to keep it available 99.5% of each month, not counting planned maintenance, which we schedule for quiet hours where we can.

1.3 We keep improving the Service and may change how it works. We will give you at least 30 days' notice before removing a feature your club relies on.

2. Your account

2.1 To hold an account you must be at least 18, run a fitness business in Australia, and give us accurate details, including your ABN and a contact email we can reach. Keep them up to date.

2.2 You decide who gets a staff login and with which role. You are responsible for what is done under your account and for keeping passwords, two-factor devices and door hardware secure. Tell us straight away at support@clubkey.com.au if you think your account has been misused.

3. Trial, plans and fees

3.1 Free trial. A new account starts with a free trial, currently 30 days. No payment details are needed and nothing is charged during the trial. To keep using ClubKey afterwards, choose a plan in Settings › Payments. If no plan is in place, the account is suspended 7 days after the trial ends, and nothing is owed.

3.2 Plan fees. Plan fees are in Australian dollars, include GST, and are charged in advance, monthly or yearly, by card or bank debit through Stripe. Your fee does not change during a period you have paid for. We may change fees for later periods with at least 30 days' notice; if you do not accept a change, you can cancel before it takes effect.

3.3 Founding clubs. If we confirm in writing that your club is a founding club, your plan fee will not go up for as long as your subscription continues without a break.

3.4 Price promise. If you send us a genuine written quote from another gym software provider for comparable features, we will offer you a lower price. We confirm the offer, and how long it applies, in writing.

3.5 Platform fee. When your members pay your club through ClubKey, a platform fee of the percentage shown for your club in Settings › Payments is taken from each payment before it reaches your Stripe balance. If you refund a member's payment, the platform fee on it is returned to you in proportion to the amount refunded.

3.6 Payment processing. Members' payments are collected through your club's own Stripe account, which you connect during setup. Your club is the seller to your members, and payments are paid out by Stripe to your bank account. Stripe's fees, payout timing and terms, including the Stripe Connected Account Agreement, apply between you and Stripe.

3.7 Failed plan payments. If a plan payment fails, we tell the account owner and Stripe tries again. If it is still unpaid 14 days after it first failed, the account may be suspended.

3.8 Suspension. While an account is suspended, only the owner can sign in, to settle the account or choose a plan. Your members' scheduled payments continue during a suspension, and the account works normally again as soon as it is paid.

4. Your responsibilities

4.1 ClubKey is a tool. You remain responsible for your membership terms and prices, your dealings with members, complying with the laws that apply to your club (including consumer law, direct debit rules, spam law and privacy law), the safety of your premises and equipment, and decisions about who may enter.

4.2 Messages to members are sent in your club's name and on your behalf. Contact only people you are allowed to contact, send only lawful content, and respect opt-outs. If we offer SMS, any per-message charge is shown before you switch it on.

4.3 Door controllers, scanners and other hardware are supplied by third parties under their own terms. Keep a way to open your doors that does not depend on the internet.

4.4 If you accept members under 18, you are responsible for getting a parent's or guardian's consent where the law requires it.

4.5 ClubKey lets you record a medical alert for a member. Record one only with the member's consent and only where it matters for their safety at your club.

5. Your data

5.1 Information you enter or collect through ClubKey, including your members' personal information, belongs to your club ("Club Data"). You allow us to host, process, back up and display it as needed to provide the Service.

5.2 For your members' personal information, your club is the organisation that collects it and decides how it is used. We handle it on your behalf, as section 10 describes.

5.3 We may use de-identified, combined information about how ClubKey is used to run and improve it. It never identifies your club or a member.

5.4 You can download reports and records in the formats ClubKey provides. If your account closes, ask us within 30 days and we will send you an export of your Club Data, including your member list, in a common format such as CSV. After that we may delete Club Data, except what we must keep by law.

6. Acceptable use

You must not use ClubKey to break the law, send unsolicited messages, store information you have no right to hold, interfere with the Service or its security, try to access another club's data, or resell the Service without our written agreement.

7. Intellectual property

ClubKey, its software and its content belong to FytMate or its licensors, and you may use them only as these terms allow. Your club's name, logo and branding remain yours; you allow us to show them on your club's pages, app and messages.

8. Cancelling and ending the agreement

8.1 You can cancel at any time in Settings › Payments. Cancelling takes effect at the end of the period you have paid for. The account keeps working until then and is suspended 7 days afterwards. There is no lock-in contract and no cancellation fee.

8.2 We may suspend or close your account if fees remain unpaid, if you seriously breach these terms, if the law requires it, or if your use harms the Service or other clubs. Except in urgent cases, we will tell you first and give you a reasonable chance to fix the problem.

8.3 We may stop providing ClubKey altogether with at least 90 days' notice, and we will refund fees you have paid for any period after it stops.

9. Liability

9.1 Our services come with guarantees under the Australian Consumer Law that cannot be excluded. Nothing in these terms limits them.

9.2 Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited to supplying the Service again or paying the cost of having it supplied again.

9.3 Otherwise, to the extent the law allows: our total liability to you in any 12 months is limited to the fees you paid us in that period, and neither of us is liable for indirect or consequential loss, including lost profits or revenue. This does not limit liability for fraud, wilful misconduct or a breach of section 10, or your obligation to pay fees.

9.4 You are responsible for claims made against us by your members or others, to the extent they arise from your membership terms, your treatment of members, or your breach of these terms or the law.

10. How we handle Club Data

10.1 We handle your members' personal information only to provide the Service and on your instructions. We keep it confidential and protect it with measures suited to the risk, including encryption in transit and at rest, separation of each club's data at database level, extra encryption of medical alerts, access controls and activity logs.

10.2 Club Data is stored with Microsoft Azure in its Australia East region (Sydney), and backups stay in the same region. Our service providers are Microsoft Azure (hosting and database), Stripe (payments), Resend (email delivery), Google Workspace (our support mailbox) and, only if your club switches them on, Twilio (SMS) and Xero (accounting). We will give you at least 30 days' notice before adding a provider that handles Club Data; if you object, you can cancel and we will refund fees for the unused part of the period.

10.3 FytMate staff access Club Data only to provide support you ask for, to fix problems, to keep the Service secure, or where the law requires.

10.4 If we become aware of a data breach affecting Club Data, we will tell you without undue delay, and within 72 hours, with what we know, so you can meet your own duties under the Notifiable Data Breaches scheme.

10.5 We will help you respond to members' requests to see or correct their information, and we will return and delete Club Data when the Service ends, as section 5.4 describes.

11. General

11.1 We may change these terms with at least 30 days' notice by email and in ClubKey. If a change is to your detriment, you can cancel before it takes effect and we will refund fees for the period after the change. Changes the law requires, or that only benefit you, may take effect sooner.

11.2 These terms are governed by the law of New South Wales, Australia, and its courts have jurisdiction.

11.3 Notices to us go to support@clubkey.com.au. Notices to you go to your account's contact email.

11.4 If any part of these terms cannot be enforced, the rest still applies. Neither of us is responsible for a failure caused by events outside our reasonable control.

Contact

FytMate Pty Ltd, Blacktown NSW 2148, Australia. Email support@clubkey.com.au.