Terms & Conditions

1. Definitions

• "Platform" refers to the Bench SaaS application and related services offered by VitalEdge.
• "Gym" means any fitness center, health club, or studio using the platform.
• "Users" or "Members" refers to the Gym's customers whose data is managed via the platform.
• "PG" stands for Payment Gateway integrated with the platform.

2. Purpose

VitalEdge provides access to the Bench SaaS platform, enabling gyms to manage operations, members, and digital payments.

3. Services Provided

The platform includes:

• Member and subscription management
• Class and session scheduling
• Attendance and trainer tracking
• Online payment collection via third-party Payment Gateways (PGs)
• Communication and reporting tools
• Lead and enquiry management
• Package and plan creation
• Workout planning and tracking
• Staff roles and permission control
• Branch management for multi-location gyms
• Member mobile app integration
• Payment tracking and invoice generation
• Expense and payroll tracking

4. Bench Directory & Lead Services

• Bench operates an online fitness directory (“Bench Directory”) that allows gyms and fitness centers to list their business, showcase services, and receive discovery-based leads from users. Bench may offer multiple Directory Listing Plans, including but not limited to General, Bronze, Silver, and Gold, each providing varying levels of visibility, features, and lead access.
• During the initial phase, directory listings may be offered free or on an introductory basis. Bench reserves the right to introduce paid directory plans, revise features, or modify pricing at any time in the future
• Listing on Bench Directory does not guarantee a specific number of leads, inquiries, conversions, or business outcomes.
• Lead volume and quality may vary based on location, category, user demand, and plan type. Bench does not act as an agent or broker and does not guarantee exclusivity, rankings, or competitive advantage unless explicitly stated under a paid plan.
• Continued use of directory services after pricing or plan changes shall be deemed as acceptance of the updated terms.
Directory listing plans may be introduced by Bench in the future and are entirely optional.
Charges, if applicable, will apply only when a gym explicitly opts in and activates a directory plan, as communicated at that time.

5. Fees, Charges & Payments

5.1 Plans & Platform Fees

• Bench offers multiple plans including Lite, Pro, and Max.
• Lite Plan (Early Access): The Lite plan is currently provided free of charge during the early access phase.
• Under the Lite plan, a platform service fee of ₹30 (Rupees Thirty only) is applicable per successful online payment transaction processed through the integrated payment gateway on the Bench platform.
• A transaction refers strictly to online payments made by gym members to the gym through the Bench platform using the payment gateway. Offline payments or manually recorded payments are not charged.
• Pro & Max Plans: Pro and Max plans are offered on a paid subscription basis as per the pricing communicated at the time of onboarding or as published on the Bench website/dashboard. Subscription fees (and any applicable taxes) shall be borne by the gym or fitness centre.

5.2 Payment Processing & Settlement

• All online payments are processed via third-party payment gateways. Settlements are made to the gym or fitness centre’s registered bank account as per the payment gateway’s settlement process, subject to applicable gateway charges (including MDR) and the Bench platform fee (if applicable).

5.3 Pricing Changes

• Bench reserves the right to introduce, modify, or revise pricing, transaction fees, or subscription charges in the future. Any such changes will be communicated in advance via email, dashboard notification, or website update. Continued use of the platform after such notification shall be deemed as acceptance of the revised terms.

6. Chargebacks, Disputes & Recovery

• In the event of a payment dispute or chargeback initiated by a customer, Bench shall manage the dispute process in accordance with the payment gateway’s policies. If a chargeback is upheld, the amount will be recovered from the respective gym or fitness centre, either through settlement adjustment or separate recovery.
• Gyms and fitness centres remain responsible for the services provided to their customers and agree to cooperate with Bench by providing relevant information or documentation required for dispute resolution.
• Bench reserves the right to suspend payment services in cases of repeated chargebacks or non-cooperation.

7. Payment Gateway Integration

• VitalEdge integrates with third-party payment gateways, including but not limited to CCAvenue, to facilitate online payments on the platform.
• The gym or fitness centre hereby authorizes VitalEdge to collect payments from its members on its behalf through integrated payment gateways and act as a collection agent for such transactions.
• All online payments collected through the platform shall be settled to the gym or fitness centre’s registered bank account, subject to applicable deductions.
• Merchant Discount Rate (MDR), payment gateway charges, and transaction-related fees imposed by the payment gateway shall be borne by the gym or fitness centre.

8. Data Ownership & Security

9. Refund & Dispute Policy

• Membership fees are non-refundable unless there is a duplicate charge or service failure.
• Refunds are subject to the Gym's approval and processed within 7–10 working days.
• Chargebacks/disputes are the Gym's responsibility.

10. Acceptable Use

• The Gym agrees not to use the platform for any unlawful or unauthorized activities.
• Use of the platform must be in accordance with applicable laws, including but not limited to services strictly related to health, fitness, and wellness.
• Any misuse, fraud, or policy violation may result in immediate suspension or termination of service.

11. Compliance & Eligibility

• The Gym agrees to comply with Indian laws, including RBI and PG guidelines.
• KYC documents must be submitted as part of onboarding.
• Platform may be used only for legal gym/fitness services. VitalEdge reserves the right to suspend access for violations.

12. Term & Termination

• This Agreement remains effective from the date of acceptance.
• Subscriptions are billed upfront. Either party may terminate the agreement at the end of the active subscription period.
• No refunds will be issued for early termination or unused subscription time.
• Immediate termination applies in case of legal or policy violations.

13. Intellectual Property

• All intellectual property rights in the platform, including its software, branding, designs, and content, belong solely to VitalEdge.
• The Gym is granted a non-exclusive, non-transferable license to use the platform during the active subscription.
• The Gym may not copy, modify, reverse-engineer, or distribute the platform or its features without written permission.

14. Indemnity

The Gym agrees to indemnify and hold harmless VitalEdge, its officers, and employees from any claims, damages, liabilities, or expenses arising out of:

• Violation of applicable laws
• Breach of these terms
• Misuse of the platform

15. Limitations of Liability

• VitalEdge is not liable for the Gym's service delivery or any disputes between the Gym and its members.
• VitalEdge's total liability is limited to the total amount paid by the Gym in the last 2 months.

16. Governing Law & Dispute Resolution

• This Agreement is governed by Indian law.
• Any disputes shall be subject to arbitration in India under the Arbitration and Conciliation Act, 1996.

17. Electronic Acceptance

By checking the "I Agree" box during sign-up or continuing to use the platform, the Gym accepts and is legally bound by these Terms and Conditions.

18. Roles and Responsibilities

All staff and users added to the Bench platform by a registered gym are responsible for using the platform in accordance with its intended purpose. Users must:

• Maintain confidentiality of their login credentials
• Avoid misuse of platform features
• Not engage in any activity that disrupts the platform’s operation
• Abide by all relevant local and national laws in using the service

19. Data Protection and Privacy

VitalEdge is committed to protecting the privacy and security of user data. All data is stored on secure, encrypted servers. We follow industry best practices and comply with relevant data protection laws, including but not limited to the Information Technology Act, 2000 (India) and GDPR (where applicable).

For more information, please refer to our Privacy Policy.

20. Data Retention Policy

Data belonging to gyms and users will be retained for up to 30 days after termination of service. After this period, data will be securely deleted from all systems unless legally required to retain it longer.

21. Amendment Procedure

VitalEdge reserves the right to update these Terms & Conditions at any time. Gyms will be notified at least 7 days in advance via email or dashboard alerts. Continued use of the platform constitutes acceptance of the new terms.

22. Third-Party Business Listings in Bench Directories

1. Data Sourcing

Bench Directories contains listings of fitness centers and wellness providers. These listings are compiled from publicly accessible sources and submissions by business owners. We use reasonable efforts to ensure the data is accurate and derived from publicly available content.

2. No Affiliation or Endorsement

Unless explicitly claimed and verified, the presence of a business in Bench Directories does not imply affiliation or endorsement. The listings are intended to assist users in finding fitness centers and related services.

3. Business Opt-Out

If you are a business listed on our platform and would like your information updated or removed, please contact us at legal@benchfitmate.com. We respect all valid opt-out or takedown requests in compliance with applicable law.

4. Legal and Ethical Compliance

We are committed to ethical data practices. All business listings are sourced in good faith from public domains or submitted by business owners. We comply with all applicable data protection and fair-use laws.

23. Contact Us

If you have any queries regarding the processing or usage of information provided by you, or about this Terms & Conditions Agreement, you may contact us at: