Terms of Service

These Terms of Service govern your use of FusionNex's website, analytics platforms, and related services. By accessing or using our services, you agree to be bound by these terms.

Last Updated: 1st January 2026

Acceptance of Terms

By accessing, browsing, or using the FusionNex website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our services.

These terms apply to all users of our services, including but not limited to gym owners, fitness centre managers, marketing professionals, and other individuals or entities that access or use our analytics platforms.

FusionNex d.o.o., a company registered in Slovenia with registration number 7412589635, provides digital marketing analytics platforms specifically designed for the fitness industry. Our services are subject to these terms and applicable laws.

Description of Services

FusionNex provides digital marketing analytics platforms and related services for fitness businesses, including:

  • Real-time analytics dashboards and reporting tools
  • Member behaviour analysis and insights
  • Targeted marketing campaign management
  • Member retention and engagement tools
  • System integration and technical support services
  • Training and consultation services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, though we will make reasonable efforts to provide advance notice of material changes.

User Obligations

As a user of our services, you agree to:

  • Provide accurate and complete information when creating accounts or using our services
  • Maintain the confidentiality of your account credentials and notify us immediately of any unauthorised access
  • Use our services only for lawful purposes and in accordance with these terms
  • Comply with all applicable laws and regulations in your jurisdiction
  • Respect the privacy and rights of gym members whose data may be processed through our platforms
  • Not attempt to reverse engineer, decompile, or otherwise derive source code from our software
  • Not use our services to transmit harmful, offensive, or illegal content
  • Not interfere with or disrupt our services or servers

You are responsible for ensuring that your use of our services complies with applicable data protection laws, including GDPR, and that you have obtained necessary consents from gym members for data processing activities.

Payment Terms

If you subscribe to our paid services, you agree to pay all applicable fees as described in your service agreement. Payment terms include:

  • Fees are charged in advance on a monthly or annual basis as specified in your plan
  • All fees are non-refundable except as expressly stated in your service agreement
  • We may change our pricing with 30 days' written notice
  • Failure to pay fees may result in suspension or termination of services
  • You are responsible for all taxes associated with your use of our services

Intellectual Property

The FusionNex platforms, including all software, analytics algorithms, dashboard designs, reports, and related materials, are the exclusive property of FusionNex d.o.o. and are protected by copyright, trademark, and other intellectual property laws.

Subject to these terms, we grant you a limited, non-exclusive, non-transferable licence to access and use our services for your internal business purposes. This licence does not include the right to:

  • Resell, redistribute, or sublicense our services to third parties
  • Copy, modify, or create derivative works based on our platforms
  • Remove or alter any proprietary notices or labels
  • Use our services to develop competing products or services

You retain ownership of any data you input into our platforms, but grant us the right to process and analyse this data to provide our services and improve our platforms.

Data Ownership and Privacy

You retain ownership of all customer and business data that you input into our platforms. We act as a data processor for this information and will handle it in accordance with our Privacy Policy and applicable data protection laws.

We may collect and analyse aggregated, anonymised usage data to improve our services and develop new features. This anonymised data does not identify specific individuals or businesses.

You are responsible for ensuring that you have the legal right to share any data with us and that appropriate consents have been obtained from data subjects where required.

Service Availability

While we strive to maintain high service availability, we cannot guarantee uninterrupted access to our platforms. Scheduled maintenance, updates, and unforeseen technical issues may temporarily affect service availability.

We aim to provide advance notice of scheduled maintenance and will work to minimise any service disruptions. Emergency maintenance may be performed without prior notice when necessary to maintain security or functionality.

Limitation of Liability

To the maximum extent permitted by applicable law, FusionNex d.o.o. 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 relating to these terms or our services shall not exceed the amount paid by you to FusionNex in the twelve months preceding the claim.

We do not warrant that our services will be error-free, secure, or available at all times. We disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow the limitation of certain warranties or liabilities, so these limitations may not apply to you to the extent prohibited by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless FusionNex d.o.o., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

  • Your use of our services in violation of these terms
  • Your violation of any applicable laws or regulations
  • Your violation of any rights of third parties
  • Any data you provide to us that infringes intellectual property rights or violates privacy laws

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Slovenia, without regard to its conflict of law provisions. Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts of Slovenia.

If you are a consumer resident in the European Union, you may also have rights under the laws of your country of residence, and nothing in these terms affects those rights.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

Termination

Either party may terminate these terms and your access to our services at any time, with or without cause, by providing written notice. Upon termination:

  • Your right to access and use our services will immediately cease
  • We will provide you with access to export your data for a period of 30 days
  • We may delete your account and data after the export period expires
  • All provisions that by their nature should survive termination shall remain in effect

We may immediately suspend or terminate your access if you breach these terms or engage in activities that harm our services or other users.

Force Majeure

Neither party shall be liable for any delay or failure to perform resulting from causes beyond their reasonable control, including natural disasters, war, terrorism, labour disputes, government actions, or internet service provider failures.

Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional service agreements, constitute the entire agreement between you and FusionNex regarding your use of our services and supersede all prior or contemporaneous communications and proposals.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will provide notice of material changes by posting the updated terms on our website and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

For significant changes that materially affect your rights, we will provide at least 30 days' advance notice via email or through our platform.

Contact Information

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