Terms of Service

Terms of Service

These Terms of Service ("Terms") govern your use of the boomboynvn fitness analytics platform and related services provided by boomboynvn d.o.o., a company registered in Slovenia with registration number 7946132854 ("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

Acceptance of Terms

By accessing, browsing, or using our website at boomboynvn.top or our fitness analytics platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and boomboynvn d.o.o. Your continued use of our services after any modifications to these Terms will constitute acceptance of such modifications.

Description of Services

boomboynvn provides fitness business revenue analytics platforms and related services designed to help fitness businesses track performance, analyse revenue, and optimise operations. Our services include:

• Revenue analytics and reporting tools
• Member insights and behaviour analysis
• Performance tracking and monitoring
• Growth optimisation recommendations
• Data integration and platform customisation
• Training and support services

User Obligations

As a user of our services, you agree to:

Compliance

• Comply with all applicable laws and regulations
• Provide accurate and complete information
• Maintain the security of your account credentials
• Use our services only for lawful business purposes

Prohibited Activities

• Attempting to gain unauthorised access to our systems
• Interfering with or disrupting our services
• Using our services for fraudulent or illegal activities
• Sharing your account access with unauthorised parties
• Reverse engineering or copying our platform
• Transmitting viruses, malware, or harmful code

Data Responsibilities

• Ensuring you have proper rights to data you provide
• Maintaining compliance with data protection laws
• Implementing appropriate security measures for your data
• Promptly notifying us of any security breaches

Account Management

To access our platform, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in activities that may harm our services or other users.

Intellectual Property

The boomboynvn platform, including all software, designs, text, graphics, interfaces, and the selection and arrangement thereof, is owned by boomboynvn d.o.o. and is protected by intellectual property laws.

Our Rights

• All rights, title, and interest in our platform and services
• Proprietary algorithms, methodologies, and analytics tools
• Trademarks, logos, and brand elements
• Documentation, training materials, and support content

Your Rights

• Limited licence to use our services as intended
• Ownership of your business data and content
• Right to export your data upon termination

Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our proprietary content without prior written consent.

Payment Terms

Use of our services may require payment of fees as specified in your service agreement. Payment terms include:

• Fees are due according to the agreed payment schedule
• All fees are non-refundable unless otherwise specified
• We may suspend services for overdue payments
• Price changes require 30 days advance notice
• Taxes and additional charges may apply

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 the collection and use of your information as described in our Privacy Policy.

You retain ownership of your business data, and we will not use your data for purposes other than providing our services unless you give explicit consent.

Service Availability

While we strive to provide reliable service, we cannot guarantee uninterrupted access to our platform. Service availability may be affected by:

• Scheduled maintenance and updates
• Technical issues beyond our control
• Internet connectivity problems
• Force majeure events

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

Limitation of Liability

To the maximum extent permitted by law, boomboynvn d.o.o. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

Our total liability for any claims arising from or relating to these Terms or our services shall not exceed the amount you paid to us in the twelve months preceding the claim.

Disclaimers

• Our services are provided "as is" and "as available"
• We make no warranties about the accuracy of analytics or recommendations
• You are responsible for business decisions based on our analytics
• We do not guarantee specific business outcomes or results

Indemnification

You agree to indemnify, defend, and hold harmless boomboynvn d.o.o., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Your breach of applicable laws or regulations

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Slovenia, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Ljubljana, Slovenia.

For users in the European Union, these Terms comply with applicable EU consumer protection laws, and nothing in these Terms affects your statutory rights as a consumer.

Dispute Resolution

We encourage resolution of disputes through direct communication. If a dispute cannot be resolved informally, the following process applies:

• Initial discussion period of 30 days
• Mediation through agreed mediator if necessary
• Binding arbitration under Slovenian arbitration rules
• Court proceedings as a last resort

Termination

Either party may terminate the service agreement with appropriate notice as specified in your service contract. Termination may occur:

By You

• At any time with proper notice
• For convenience according to contract terms
• For material breach by us that remains uncured

By Us

• For violation of these Terms
• For non-payment of fees
• For illegal or harmful activities
• Upon discontinuation of services

Effect of Termination

• Immediate cessation of platform access
• Data export period as specified in contract
• Survival of payment obligations and intellectual property rights
• Return or destruction of confidential information

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or technical failures of third-party services.

Modifications to Terms

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

• Posting updated Terms on our website
• Sending email notification to registered users
• Providing 30 days advance notice for material changes

Your continued use of our services after the effective date of revised Terms constitutes acceptance of the changes.

Severability

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 and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and boomboynvn d.o.o. regarding our services and supersede all prior agreements and understandings.

Contact Information

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