1. Agreement and definitions
These Terms of Service govern access to and use of ClassControl, a class-booking and management platform operated by Eatwell Tech Solutions. By creating an account, accepting an order form or using the service, the customer agrees to these Terms.
Customer means the gym, studio, fitness provider or other organisation contracting for the service. Authorised User means a person permitted by the customer to use ClassControl. Customer Data means information submitted to or generated through the service on the customer’s behalf.
2. The service
ClassControl provides account management, class scheduling, bookings, waiting lists, attendance, notices, mobile applications, optional PAR-Q functionality and associated administration tools. Features may vary by subscription, platform and release.
Eatwell Tech Solutions may make reasonable changes required to improve security, reliability, legal compliance or functionality, provided those changes do not materially remove the core paid service without reasonable notice.
3. Accounts and security
- The customer must ensure account details are accurate.
- Each user must use their own account and keep credentials confidential.
- The customer must assign roles and permissions appropriately.
- Multi-factor authentication should be enabled where available.
- Suspected compromise must be reported promptly.
Remembered-device functionality skips an additional authentication factor only after a valid password has been supplied and may be revoked or expire automatically.
4. Customer responsibilities
The customer is responsible for its use of the service, its instructions to Eatwell Tech Solutions, the lawfulness and accuracy of Customer Data, and ensuring that it provides appropriate privacy information to members and staff.
Where PAR-Q or health information is collected, the customer must identify an appropriate UK GDPR Article 6 lawful basis and a separate Article 9 condition, and must limit access to authorised personnel.
5. Acceptable use
The customer and Authorised Users must not misuse the platform, attempt unauthorised access, introduce malicious code, evade security controls, scrape the service at unreasonable scale, infringe third-party rights or use the service unlawfully.
6. Subscription, fees and taxes
Fees, billing frequency, included features, renewal and any minimum term are set out in the relevant order form or pricing plan. Fees are exclusive of VAT unless stated otherwise. Overdue amounts may result in suspension after reasonable notice.
7. Customer Data and data protection
As between the parties, the customer retains its rights in Customer Data. The customer authorises Eatwell Tech Solutions to process Customer Data to provide, secure, support and improve the contracted service in accordance with the Data Processing Agreement.
Aggregated or anonymised information that no longer identifies a person or customer may be used for service operation, security and product improvement.
8. Intellectual property
Eatwell Tech Solutions and its licensors retain all rights in ClassControl, its software, design, documentation, trademarks and improvements. No ownership is transferred to the customer. The customer receives a limited, non-exclusive, non-transferable right to use the service during the subscription term.
9. Availability, support and maintenance
Eatwell Tech Solutions will use reasonable care and skill to provide the service. Planned maintenance, emergency maintenance, internet failures, third-party outages and events outside reasonable control may affect availability. Support targets are described in the Service Level Agreement where it forms part of the customer’s plan.
10. Suspension and termination
Access may be suspended where reasonably necessary to address a security risk, unlawful use, material breach or overdue payment. Where practicable, notice and an opportunity to remedy will be provided.
On termination, access ends and Customer Data will be returned or deleted in accordance with the applicable agreement, DPA and legal retention requirements.
11. Warranties and disclaimers
Each party warrants that it has authority to enter the agreement. Except as expressly stated and to the extent permitted by law, implied terms are excluded. ClassControl supports operational administration but does not provide medical advice, clinical assessment or a substitute for professional judgment.
12. Liability
Nothing excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Subject to that, neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill or anticipated savings. The aggregate liability of Eatwell Tech Solutions arising in a contract year will not exceed the fees paid or payable for the service during the preceding 12 months, unless an order form states otherwise.
13. General
Neither party is liable for delay caused by events beyond reasonable control. The customer may not assign the agreement without consent, except as part of a genuine corporate reorganisation or sale of substantially all relevant assets. If a provision is unenforceable, the remainder continues. Failure to enforce a right is not a waiver.
14. Governing law and contact
These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, unless mandatory law requires otherwise.
Contact: info@eatwelltechsolutions.co.uk.