flexatiq

Terms of service

Version of

Draft document – version of 3 November 2026, pending approval. These are not yet our binding terms of service.

These terms govern the use of the flexatiq.eu and flexatiq.pl websites and of the Flexatiq service – software for running gyms, fitness clubs, dance studios, CrossFit boxes and martial arts schools. The service is intended for businesses that run clubs (B2B).

1. General provisions

  1. These terms set out the rules for using the Website and for the provision of the Service to Customers. They are also the terms of service referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services.
  2. The Service is provided by Kynologic spółka z ograniczoną odpowiedzialnością (a Polish limited liability company), registered office: ul. Półwiejska 17/26, 61-888 Poznań, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the KRS, under KRS number 0001066149, tax identification number (NIP) 7831890477, REGON 526785413, share capital PLN 5,000.00 (the "Provider").
  3. Contact: e-mail kontakt@flexatiq.pl or in writing to the Provider's registered office.
  4. How we process personal data and use cookies is described in our Privacy policy at flexatiq.eu/privacy.
  5. These terms are available free of charge on the Website in a form that can be downloaded, stored and printed.

2. Definitions

  1. Website – the websites at flexatiq.eu and flexatiq.pl presenting the Service.
  2. Service or Flexatiq – the online software for running a club: the club dashboard (for owners, reception and trainers), the member app and related features, within the scope of the chosen Plan.
  3. Customer or Club – a business (a sole trader, a company or another organisation) that enters into a contract with the Provider for the Service in connection with its business.
  4. Club Account – the Club's workspace in the Service, accessible to Club Users.
  5. Club User – the owner of the Club Account and anyone the Club has given access to the dashboard (for example reception staff, trainers, managers).
  6. Member – a person using the Club's offer whose data the Club keeps in the Service, including users of the member app.
  7. Trial Period – the free period of use of the Service referred to in section 5.
  8. Plan – the scope of features and limits of the Service together with its price, as set out in an individual quote or price list.
  9. Payment Provider – a payment service provider with which the Club has its own contract (for example Stripe, Tpay, Przelewy24, PayU, Espago).
  10. Data Processing Agreement – the agreement on the processing of personal data within the meaning of Article 28 GDPR between the Club and the Provider.

3. Using the Website

  1. Using the Website is free of charge and does not require an account.
  2. Information on the Website is provided for information purposes and is not a binding offer unless expressly stated otherwise.
  3. You can contact the Provider, including to book a demo or request a quote, by e-mail.
  4. To use the Website and the Service you need a device with internet access and an up-to-date web browser with JavaScript and strictly necessary cookies enabled, and, to use a Club Account, an active e-mail address. Connections to the Website and the Service are encrypted (HTTPS).
  5. Using electronic services involves typical risks such as malware and phishing attempts. The Provider will never ask for your password by e-mail or over the phone.

4. The Service for Clubs

  1. The Service is intended exclusively for businesses, for running a club as part of their business activity. The Customer confirms that it enters into the contract directly in connection with its business and that the contract is of a professional nature for it, in particular given its line of business (running a sports or leisure venue).
  2. The Service includes in particular: a member database, selling and managing memberships, class timetables and online booking, QR check-in, accepting online payments through the Club's Payment Provider and reports. The exact scope depends on the Plan; some features (for example e-invoicing in the Polish KSeF system) are available only to clubs in Poland.
  3. Access hardware (for example turnstiles and readers) and its installation is not part of the Service and may be subject to a separate contract.
  4. Features marked on the Website as upcoming, in testing or in pilot are provided without any guarantee of availability.
  5. The Provider may develop and change the Service. A change that materially reduces the features of a paid Plan during a paid period requires the Customer's consent or an amendment of these terms under section 15.

5. Contract, Club Account and Trial Period

  1. The contract for the Service is concluded when a Club Account is created after accepting these terms, or when a separate contract with the Provider is signed. The terms are accepted by ticking a box in the registration form; the Provider records the date of acceptance and the version of the terms.
  2. The person creating a Club Account confirms that they are authorised to act on behalf of the Customer.
  3. After creating a Club Account the Customer receives a free 30-day Trial Period.
  4. When the Trial Period ends, the Customer chooses a paid Plan. If no Plan is chosen, the Club Account becomes read-only for 30 days (data export remains available) and the data is then deleted.
  5. The Customer is responsible for granting and revoking access for Club Users, for keeping passwords confidential and for all actions taken from the Club Account. The Customer shall notify the Provider without delay of any suspected unauthorised access.

6. Fees and invoices

  1. Fees for the Service are set out in an individual quote. Prices are quoted in euro (EUR) or Polish złoty (PLN) and exclude VAT. Customers established in another EU Member State with a valid VAT number are invoiced without Polish VAT under the reverse-charge mechanism (Articles 44 and 196 of Directive 2006/112/EC); Polish VAT is added for other customers.
  2. The Provider issues VAT invoices; invoices to Polish customers with a tax number are issued through the Polish National e-Invoicing System (KSeF), as required by law.
  3. Fees are payable monthly in advance by bank transfer within 14 days of the invoice date.
  4. If payment is more than 30 days overdue, the Provider may, after a reminder giving 7 days to pay, restrict the Club Account to read-only; member check-ins keep working for a further 14 days.
  5. Price changes do not affect a period already paid for. The Provider will notify the Customer of price changes by e-mail at least 30 days in advance.

7. Members' payments

  1. The Service lets the Club accept online payments from Members through a Payment Provider with which the Club has its own contract. The Club enters the credentials of its own Payment Provider account in the Service.
  2. Members' payments go directly to the Club's account with the Payment Provider. The Provider does not receive, hold or transfer those funds, does not provide payment services and is not a party to the contract between the Club and the Payment Provider or between the Club and its Members.
  3. The Club is responsible for its offer, prices, club rules, refunds and Members' complaints, and for invoices issued to Members using the Service.

8. Personal data

  1. The Club is the controller of the personal data of its Members and of anyone else whose data it enters into the Service. The Provider processes that data on the Club's behalf as processor, solely to provide the Service, under the Data Processing Agreement.
  2. The Data Processing Agreement is made available to Clubs as an annex to these terms, accepted together with them; a copy is available on request from kontakt@flexatiq.pl.
  3. The Club is responsible for having a legal basis for processing its Members' data and for giving Members the information required by data protection law.
  4. For the data of Website visitors, correspondence, Club Account data and billing data, the Provider is the controller – see the Privacy policy.

9. Customer obligations

  1. The Customer shall use the Service lawfully and in accordance with these terms.
  2. In particular, the Customer must not: upload unlawful content, attempt to access other clubs' data, circumvent security measures or limits, introduce malware, overload the Service by automated means, or make the Service available to third parties other than Club Users without the Provider's consent.
  3. The Customer is responsible for the accuracy of the data it enters into the Service, including prices, memberships and invoice details.

10. Availability and support

  1. The Provider makes every reasonable effort to keep the Service available. Technical interruptions may occur; the Provider will give advance notice of planned maintenance where possible.
  2. Target availability of the Service is 99.5% per calendar month, excluding planned maintenance announced at least 48 hours in advance.
  3. Support is provided by e-mail at kontakt@flexatiq.pl on working days, 9:00–17:00 Polish time; response time for critical incidents (members cannot check in or users cannot log in) – 4 working hours, other requests – 2 working days.
  4. The Provider is not responsible for the unavailability of third-party services used by the Club, including Payment Providers and KSeF, or for access hardware supplied by others.

11. Liability

  1. The Provider's liability to the Customer is limited to actual loss and to the total fees paid by the Customer for the Service in the 12 months preceding the event giving rise to the loss. The Provider is not liable for loss of profit.
  2. The limitations in paragraph 1 do not apply to damage caused intentionally.
  3. The Provider is not responsible for the Customer's business decisions based on data and reports in the Service, or for data entered by the Customer, Club Users or Members.

12. Intellectual property and Customer data

  1. All rights in the Service, including the software, the Flexatiq name and the materials on the Website, belong to the Provider. For the term of the contract the Customer receives a non-exclusive, non-transferable right to use the Service within the scope of its Plan.
  2. Data entered by the Customer remains the Customer's data. The Provider uses it only as necessary to provide the Service.
  3. The Customer can export its data (CSV/JSON) at any time. After the contract ends, the Club Account stays available for reading and export for 30 days, and the data is then deleted within a further 30 days.

13. Term and termination

  1. The contract is concluded for an indefinite period unless agreed otherwise.
  2. Either party may terminate an open-ended contract by giving one month's notice, effective at the end of a calendar month.
  3. The Provider may terminate the contract with immediate effect, stating the reason, if the Customer seriously or persistently breaches these terms despite a request to stop.

14. Complaints

  1. Complaints about the Website or the Service can be sent by e-mail to kontakt@flexatiq.pl or in writing to the Provider's registered office. Please describe the problem and include the name or identifier of your club.
  2. The Provider will reply within 14 days of receiving the complaint, by e-mail or in writing.

15. Changes to these terms

  1. The Provider may amend these terms for valid reasons, in particular changes in the law, changes to the Service's features or payment methods, or security reasons.
  2. The Provider will notify Customers of any change by e-mail and on the Website at least 14 days before it takes effect. A Customer who does not accept the change may terminate the contract before that date, with effect from the date the change takes effect.

16. Final provisions

  1. These terms are governed by Polish law.
  2. Disputes with Customers shall be resolved by the court having jurisdiction over the Provider's registered office.
  3. This English version is provided for information; in the event of any discrepancy the Polish version (flexatiq.pl/regulamin) prevails.
  4. These terms take effect on 1 December 2026.
Terms of service | Flexatiq