Terms of Use

1. Who this is between

These terms are an agreement between Clickwebstudio Technologies Inc. (“Gympillar”, “we”, “us”) and the organisation that creates a studio account (“you”, “your club”). By creating a studio, or by using one after somebody else has created it for you, you accept them.

If you are creating a studio on behalf of a club, you confirm that you are at least eighteen and that you are authorised to enter into this agreement for it.

These terms are not the agreement between your club and the families who register with it. That one is yours: Gympillar gives every studio its own terms and privacy policy to publish, and you may reword them. What a family agrees to at registration is between them and you.

2. What Gympillar is

Gympillar is software your club uses to run its programmes, locations, seasons, schedules and registrations, to invoice families and record what they have paid, and to publish a public website at your own subdomain or a custom domain you control.

We may change, add to or withdraw features. Where a change removes something you were relying on, we will give you 30 days notice by email to the address on your account, except where a change is needed urgently for security or legal reasons.

3. Your account

You are responsible for everyone you give access to and for what they do with it. Roles are yours to set: an owner sees everything, an administrator sees everything except what only an owner may do, and a coach sees only the classes they teach.

Two-factor authentication is required for every owner and administrator. This is not optional and cannot be switched off — a studio account can read children's medical notes, emergency contacts and payment records, and a password on its own is not enough to stand in front of that. Keep your recovery codes somewhere that is not the phone holding the authenticator.

Tell us promptly through our contact form if you believe an account has been compromised.

4. Before your plan starts

A studio is set up with us, usually on a call, and put on a plan there. Nothing is charged and no card is asked for until that plan starts. Choosing a tier during setup records which one you intend to be on; it does not start a subscription and takes no payment.

A studio that is never put on a plan may be made read-only until one is agreed. Your data is not deleted. Section 12 says what happens to it and when.

5. Plans and what they cost

Plans are published at gympillar.com/pricing. Every plan includes every feature; the tier is how many athletes your club carries. Subscription fees are billed in advance, monthly or yearly, in Canadian dollars, and are exclusive of any applicable taxes.

Gympillar also charges a platform fee, stated as a percentage of each payment a family makes through the software, up to the ceiling published for your plan. It applies only to payments taken through Gympillar once your plan has started. It does not apply before then, and it does not apply to money you take at the desk and never record here.

We may change our prices. A change to what you pay takes effect at your next renewal and we will tell you by email at least 30 days beforehand, so that you can cancel before it applies if you would rather not continue.

Fees already paid are not refundable except where the law requires it, or where we have clearly failed to provide the service and cannot put it right.

6. Money your families pay you

Card payments run through Stripe, on a connected account in your club's name. Your club — not Gympillar — is the merchant. The money is yours, it is paid out to your bank account by Stripe on Stripe's schedule, and your use of it is also governed by Stripe's own agreement with you, which you accept when you connect the account.

Refunds, chargebacks and disputes with a family are yours to handle. We give you the tools to record them; we are not a party to them.

Interac e-Transfer reconciliation is bookkeeping, not a payment integration. There is no consumer Interac API in Canada. What Gympillar does is read the deposit notification emails you forward to it and match them against invoices you issued. It never moves money, and it never confirms a payment automatically unless a notification carries a reference code we issued, for the exact amount expected, from a sender whose mail passed authentication. Everything else is put in front of a person. You remain responsible for confirming that a deposit actually reached your bank account.

7. Your data, and your families'

Everything your club puts into Gympillar stays yours. That includes your programmes and schedules, your website copy, and the personal information of the families and athletes registered with you.

For that family and athlete information, your club decides what is collected and why, and we handle it on your instructions in order to provide the service. We do not sell it, we do not use it to advertise to anyone, and we do not use it to train machine-learning models. Our privacy policy sets out what we hold, who processes it on our behalf, and where it is stored — including the fact that our servers are located in the United States.

You are responsible for having a lawful basis for what you collect, for telling families what you do with it, and for the accuracy of what you enter.

We may use aggregated, de-identified statistics about how the software is used to operate and improve it. Nothing in that identifies a club, a family or a child.

8. What you may not do

• Use Gympillar to break the law, or to store information you had no right to collect
• Try to reach another club's data, or test the security of the service without written permission
• Resell or white-label the service without our agreement
• Upload malware, or content that infringes somebody else's rights
• Put load on the service deliberately intended to degrade it for others

9. Your public website

The content of your public site is yours and you are responsible for it. Keep it accurate: the prices, the class times and the policies on it are what a parent decides on.

You may connect a custom domain you own. Whether a certificate can be issued for it depends on the deployment, and we will tell you in the software if it cannot. You may not claim a hostname you do not control.

10. Email and text messages

Messages to your families go out under your club's name. You are responsible for having their consent, for honouring an opt-out, and for complying with Canada's anti-spam legislation and the equivalent rules for text messages.

Text messaging is off until somebody switches it on. When a person replies STOP, we record it and stop texting that number — across every club using the number it arrived on, because the person holding the handset should not have to say it twice.

We may refuse or stop sending on your behalf if doing so would put the deliverability of the platform's mail or the standing of its phone numbers at risk.

11. Availability, and what we do not promise

We work to keep Gympillar available and we take backups, but we do not offer a guaranteed uptime figure. The service is provided as it is. To the extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We depend on third parties — Stripe for payments, a mail provider, a telephony provider, a hosting provider — and an outage at one of them can stop part of the service working. We will tell you what we know when it happens.

Support is through our contact form.

12. Ending it

You may cancel at any time. Your subscription runs to the end of the period you have paid for and does not renew.

We may suspend or end your account if you materially break these terms and do not put it right within 14 days of us asking, or immediately where the breach is unlawful or puts other clubs' data at risk.

You can take your data with you. For 30 days after an account ends, you may ask us for an export of your club's records and we will provide it in a machine-readable format. After 90 days we delete it, other than anything we are required to keep — records of payments, for example, which tax law requires us and Stripe to retain.

13. Liability

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

Otherwise, neither side is liable to the other for indirect or consequential loss, or for lost profit, lost revenue or lost goodwill. Our total liability arising out of this agreement in any twelve-month period is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

You will indemnify us against claims brought by a family, a member of staff or a regulator that arise from information you collected or published, or from your failure to meet an obligation in section 7 or section 10.

14. Changes to these terms

We may update these terms. For a material change we will email the address on your account at least 30 days beforehand and update the date at the top of this page. Carrying on using Gympillar after a change takes effect means you accept it; if you would rather not, you may cancel under section 12.

15. General

This agreement is governed by the laws of British Columbia and the federal laws of Canada that apply there, and the courts of British Columbia have exclusive jurisdiction.

If a clause turns out to be unenforceable, the rest stands. Neither of us may transfer this agreement without the other's consent, except that we may transfer it as part of a sale or reorganisation of the business. Not enforcing a term once does not waive it.

16. Reaching us

Clickwebstudio Technologies Inc. Reach us through our contact form and we will come back to you.