Terms of Service

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website plomaretix.top and related services provided by Plomaretix Ltd, a company incorporated in Malta with registration number C25143 and registered office at Triq San Pawl 5, Sliema SLM 6820, Northern Harbour, Malta ("Company", "we", "our", or "us").

Acceptance of Terms

By accessing or using our website plomaretix.top, our digital marketing analytics platform, or any related services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, you must not use our services.

These Terms constitute a legally binding agreement between you and Plomaretix Ltd. Your continued use of our services indicates your acceptance of these Terms and any subsequent modifications.

Description of Services

Plomaretix Ltd provides digital marketing analytics platforms and related services specifically designed for fitness businesses, gyms, and health clubs. Our services include but are not limited to:

• Member analytics and behaviour tracking dashboards
• Digital marketing campaign optimisation tools
• Member retention analysis and predictive insights
• Revenue intelligence and business analytics
• Consultation and support services for fitness business marketing

User Accounts and Registration

To access certain features of our platform, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

User Obligations and Acceptable Use

When using our services, you agree to comply with all applicable laws and regulations and to use our platform only for lawful purposes. You specifically agree not to:

• Use our services for any illegal or unauthorised purpose
• Violate any applicable local, national, or international laws or regulations
• Transmit any harmful, threatening, abusive, or defamatory content
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the operation of our platform or servers
• Use automated systems to access our services without permission
• Reverse engineer, decompile, or attempt to extract source code from our platform
• Resell, redistribute, or sublicense our services without written consent

Payment Terms and Billing

If you purchase paid services from us, the following payment terms apply:

• All fees are quoted in Euros (EUR) unless otherwise specified
• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due immediately upon invoice unless otherwise agreed
• Late payments may result in service suspension or termination
• All fees are non-refundable except as required by applicable law
• We reserve the right to change our pricing with 30 days' notice

Intellectual Property

The plomaretix.top website, our analytics platform, and all related content, features, and functionality are owned by Plomaretix Ltd and are protected by copyright, trademark, and other intellectual property laws.

Our platform includes proprietary software, algorithms, data analysis tools, and methodologies developed by Plomaretix Ltd. All rights, title, and interest in and to our intellectual property remain exclusively with us.

You are granted a limited, non-exclusive, non-transferable licence to access and use our services in accordance with these Terms. This licence does not include any right to:

• Reproduce, modify, or create derivative works of our platform
• Distribute, sell, lease, or sublicense our services
• Reverse engineer or attempt to extract our source code
• Remove or alter any proprietary notices or labels

Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in our Privacy Policy.

You retain ownership of any data you upload to our platform. You grant us a licence to use, process, and analyse this data solely for the purpose of providing our services to you.

Service Availability and Maintenance

We strive to maintain high availability of our services but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Emergency repairs or security measures
• Circumstances beyond our reasonable control
• Third-party service provider outages

We will make reasonable efforts to provide advance notice of scheduled maintenance when possible.

Limitation of Liability

To the maximum extent permitted by applicable law, Plomaretix Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

Our total liability to you for all claims arising from or related to these Terms or our services shall not exceed the amount you have paid us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

Disclaimers and Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that our services will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of any content or data
• Warranties that our services will meet your specific requirements

You acknowledge that your use of our services is at your own risk and that you assume full responsibility for any decisions made based on the analytics and insights provided by our platform.

Indemnification

You agree to defend, indemnify, and hold harmless Plomaretix Ltd, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from:

• Your use of our services in violation of these Terms
• Your violation of any third-party rights
• Any content or data you submit through our platform
• Your negligent or wrongful conduct

Termination

Either party may terminate this agreement at any time with or without cause. Upon termination:

• Your access to our services will be immediately suspended
• All outstanding fees become immediately due and payable
• You must cease all use of our platform and services
• We may delete your account and associated data after a reasonable notice period

We reserve the right to suspend or terminate your access immediately if you violate these Terms or engage in conduct that we determine to be harmful to our business or other users.

Termination does not relieve you of any obligations to pay accrued fees or charges. Provisions that by their nature should survive termination shall continue in effect after termination.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by:

• Posting the updated Terms on our website plomaretix.top
• Sending email notifications to registered users
• Providing in-platform notifications for active users

Your continued use of our services after any modifications indicates your acceptance of the updated Terms. If you do not agree with the modifications, you must stop using our services.

Governing Law

These Terms are governed by and construed in accordance with the laws of Malta and the European Union, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Malta, and you hereby consent to personal jurisdiction and venue therein.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Dispute Resolution

Before initiating any legal proceedings, we encourage you to contact us directly to resolve any disputes. Many concerns can be resolved quickly and amicably through direct communication.

For disputes that cannot be resolved through direct communication, both parties agree to first attempt resolution through mediation before pursuing litigation.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Plomaretix Ltd regarding your use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.