Terms of Service

Last Updated: January 12, 2025

Thank you for selecting RNKHUB to support your business. By accessing or using our products and services, you agree to be bound by these Terms of Service. These terms include important provisions regarding your legal rights and responsibilities, so please review them carefully. Certain capitalized terms used in this Agreement are defined in Section 15 (Definitions). RNKHUB delivers cloud-based business management software created specifically for fitness, wellness, and training businesses (the "Platform"). The Platform is available through our websites, secure login portals, and our mobile applications. These Terms of Service ("Agreement") govern your access to and use of the Platform by you and any affiliated entities acting on your behalf. By using or accessing the Platform, or by allowing an Affiliate to do so, you confirm that you have read, understood, and accepted this Agreement. If you do not agree to these terms, you may not use the Platform. This Agreement becomes effective ("Effective Date") on the earlier of: (1) the date you indicate your acceptance of this Agreement by clicking an "I Agree" button, signing an order form, or otherwise agreeing to these terms, or (2) the date you or any of your Affiliates first access or use the Platform. In the event of any inconsistency between language versions of this Agreement or related notices, the English version shall control.

1. General Terms

1.1 Agreement

This Terms of Service agreement ("Agreement") is a legally binding contract between you and RNKHUB, or the RNKHUB entity identified in Section 14.4 ("RNKHUB," "we," "us," or "our"). If you are entering into this Agreement on behalf of a business, gym, studio, or other legal organization, you confirm that you have the authority to legally bind that organization and any of its affiliates to these terms. In such cases, all references to "you" and "your" refer to that organization. RNKHUB and you may each be referred to individually as a "Party" and together as the "Parties."

Our Privacy Policy describes how information submitted through the Services is collected, used, and protected. By accessing or using the Services, you acknowledge that you have reviewed and agreed to the Privacy Policy.

These Terms apply to all use of the RNKHUB Services, including access through paid subscriptions and free trials. For clarity, these Terms do not govern use of any separate RNKHUB consumer or client-facing mobile application that may be subject to its own agreement. Additionally, if you or any third party acting on your behalf accesses RNKHUB through APIs, your use will be governed by RNKHUB's applicable API terms, as published and updated by RNKHUB from time to time.

Where RNKHUB processes Your Data originating from the European Economic Area, the United Kingdom, or personal data relating to California residents, any applicable data protection or privacy addendum provided by RNKHUB shall apply between the Parties.

1.2 Changes to this Agreement

RNKHUB may update or revise this Agreement at its discretion. Any updated version will become effective once it is published on RNKHUB's website or legal pages, as designated by RNKHUB, and changes will apply prospectively only. If we make material updates, we will notify you through the Platform or by email.

Your continued use of the Services after any changes take effect constitutes your acceptance of the updated Agreement. If you do not agree to a revised version, you must discontinue use of the Services and may close your Account through RNKHUB's support channels. You are responsible for reviewing the most current version of this Agreement, and the "Last Updated" date indicates when it was most recently modified.

1.3 Additional Terms

Certain features or services offered by RNKHUB may be subject to additional terms and conditions ("Supplemental Terms"). These may be included within this Agreement or presented to you when you activate or register for the relevant service. If there is a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will prevail for the specific service to which they apply.

2. Services

2.1 Software Services

2.1.1 Access and Service Availability

Subject to this Agreement, RNKHUB will make the software services you have subscribed to available for your use. During your active subscription term ("Subscription Term"), RNKHUB will use commercially reasonable efforts to operate the Software Services in accordance with the service standards set out in RNKHUB's service level agreement ("SLA"), where applicable.

2.1.2 Modifications and Service Interruptions

Without limiting RNKHUB's other rights under this Agreement, RNKHUB may temporarily suspend access to any part of the Services in the event of (a) force majeure events, (b) suspected security threats, malicious software, or abuse of the Platform, or (c) scheduled maintenance or system updates, as described in the SLA.

RNKHUB also reserves the right to change, remove, replace, or discontinue any features, functionality, or components of the Software Services at any time. Where a material change is made, RNKHUB will provide notice through the Platform or via email. RNKHUB is not obligated to release upgrades, enhancements, or new versions of the Services.

2.2 Third-Party Products and Integrations

The Services may provide access to tools, integrations, or applications supplied by third parties ("Third-Party Offerings"). These Third-Party Offerings are not part of the RNKHUB Services and are not covered by RNKHUB's warranties, service commitments, or obligations.

RNKHUB does not control or endorse Third-Party Offerings and is not responsible for their availability, performance, or content. RNKHUB may enable or disable Third-Party Offerings at any time. By activating or using any Third-Party Offering, you authorize RNKHUB to share your data with the third-party provider to the extent necessary for the integration to function.

All use of Third-Party Offerings is at your own risk and subject to the terms, policies, and agreements of the applicable third-party providers.

2.3 Support and Professional Services

RNKHUB provides standard technical support as part of the Services, as described in RNKHUB's support documentation, which may be updated from time to time. Additional consulting, onboarding, migration, training, or technical services ("Professional Services") may be available for an additional fee and are governed by separate or supplemental terms.

2.4 Recently Introduced or Acquired Features

From time to time, RNKHUB may make newly acquired, beta, or recently introduced products or features available before they are fully integrated into the Platform. These offerings may not yet meet RNKHUB's standard service levels, and any warranties or guarantees under this Agreement do not apply to such offerings.

2.5 Marketing and Business Promotion Services

As part of the Platform, RNKHUB may list your business on RNKHUB-owned websites, mobile applications, and partner networks. RNKHUB may also offer optional marketing and promotion programs designed to help you attract and retain customers.

Use of these marketing services is subject to additional terms, which are incorporated into this Agreement. RNKHUB may charge separate fees for marketing services, and you agree to pay all applicable charges.

2.6 Free, Trial, and Beta Services

RNKHUB may offer free, trial, or beta versions of certain Services. These are provided "as-is" without warranties and may be modified or discontinued at any time without notice. RNKHUB has no liability for any losses or damages arising from your use of free, trial, or beta services. Unused free accounts may be terminated after extended inactivity.

2.7 Professional Services Terms

Professional Services are subject to separate terms, which are incorporated into this Agreement by reference.

2.8 Branded Mobile Applications

If you purchase or use a RNKHUB-branded mobile application, additional terms specific to such applications apply and are incorporated into this Agreement.

2.9 Hardware and Devices

If RNKHUB provides or supports hardware such as payment devices, sensors, or other equipment, additional hardware terms apply and form part of this Agreement.

2.10 Payment Terminals

Use of smart payment terminals or similar devices is subject to separate terms incorporated into this Agreement.

2.11 Payment Processing Services

RNKHUB enables you to accept and process payments through integrated third-party payment providers ("Payment Processing Services"). These services are provided by independent payment processors under separate merchant agreements between you and the processor.

RNKHUB may offer integrated payment processing through selected partners (such as Stripe or similar providers). By enrolling, you agree to be bound by the applicable payment provider's terms and authorize RNKHUB to share your business and transaction information with the provider.

RNKHUB may deduct fees, chargebacks, refunds, and other amounts owed by you from the funds settled to your account. If settlement funds are insufficient, RNKHUB may charge your registered payment method. Failure to pay amounts due constitutes a breach of this Agreement and may result in suspension, collections, or legal action. You are responsible for all collection costs, including legal fees and third-party recovery costs.

RNKHUB may offer special pricing or discounts contingent upon your continued use of its integrated payment processing. If you stop using such services, RNKHUB may withdraw those benefits.

2.12 Virtual Training and Streaming Services

RNKHUB may offer virtual training, streaming, or digital wellness tools, which are subject to additional terms incorporated into this Agreement.

2.13 Partner Marketplace

Use of any RNKHUB partner marketplace or app store is governed by additional terms.

2.14 Franchise and Multi-Location Tools

If you use franchise management or multi-location billing tools, additional terms apply.

2.15 Automatic Card Updater

RNKHUB may provide automatic credit and debit card updating services to keep customer payment information current. By using this feature, you authorize RNKHUB to update expired or replaced card details and agree to any applicable fees. You may opt out through your account settings.

2.16 Revenue Guarantee or Special Programs

Certain revenue guarantees, promotions, or financial programs may be offered by RNKHUB and are governed by separate terms incorporated into this Agreement.

3. Your Responsibilities

3.1 Responsibility for Affiliates and End Users

You are fully responsible for all actions taken through or in connection with your RNKHUB account, including those of your employees, trainers, contractors, consultants, representatives, Affiliates, and End Users. You agree to ensure that all such parties comply with this Agreement, any Supplemental Terms, RNKHUB's acceptable use policies, and all applicable local, national, and international laws, including laws relating to data protection and personal data processing.

Any reference in this Agreement to your use or access of the Services includes use or access by your Affiliates and End Users. Any violation of this Agreement by them will be treated as a violation by you. You are also responsible for ensuring that you have all legal rights and permissions required to contact and interact with End Users through the Services.

3.2 Data Accuracy, Security, and Infrastructure

You are solely responsible for:

(a) the accuracy, legality, and quality of all data you submit or process through the Services ("Your Data"),

(b) ensuring that the collection, storage, and use of such data complies with all applicable privacy and data protection laws,

(c) safeguarding your account against unauthorized access and promptly notifying RNKHUB of any suspected breach, and

(d) providing and maintaining all devices, networks, internet connections, and related services required to access and use the Services at your own cost.

3.3 Acceptable Use Restrictions

You, your Affiliates, and your End Users may not use the Services to:

upload or transmit content that is unlawful, abusive, misleading, defamatory, obscene, or violates the rights or privacy of others;
disrupt, damage, or interfere with the operation, security, or performance of the Services or related systems;
attempt to gain unauthorized access to RNKHUB systems, networks, or data;
introduce malware, spyware, viruses, worms, or any harmful code into the Services;
block or limit another person's use of the Services;
remove or alter any proprietary notices, copyrights, or trademarks displayed in the Services;
copy, frame, mirror, or embed any part of the Services into another product or platform;
systematically extract or store content from the Services;
send spam or unsolicited communications through the Services;
use bots, scrapers, spiders, or automated tools to access, index, or collect content from the Services.

RNKHUB may permit public search engines to index publicly available portions of its websites for search purposes only, but reserves the right to withdraw this permission at any time.

3.4 Payment Card Information

You are solely responsible for any handling, storage, or processing of payment card data by you or your Affiliates. You agree to comply with all applicable PCI-DSS requirements whenever card payments are processed through the Services.

3.5 Account Credentials

RNKHUB may require you to change or replace any username or password associated with your account. Login credentials are intended for internal business use only and must not be shared with any third party. You are responsible for all activity that occurs using your credentials, whether authorized or not.

3.6 User Consent

You are responsible for obtaining all legally required permissions and consents from End Users in connection with your use of the Services, including consent for communications, marketing, notifications, and automated messaging delivered through RNKHUB.

4. Fees and Payments

4.1 Subscription Charges

Unless otherwise indicated in a valid Order Form, the fees for access to the Software and related services ("Subscription Fees") are published on the applicable website(s) operated by the Company.

4.2 Pricing Adjustments

Unless an Order Form states otherwise, the Subscription Fees applicable to any renewal period will be those in effect on the Company's website at the start of that renewal period. Where an Order Form exists, the Company may revise the listed fees, but any increase will only apply beginning with the next renewal term. Prices may change for Services not covered by an Order Form. The Company may also convert free, trial, or beta features into paid Services upon notice, and continued access will require payment of the applicable Subscription Fees.

4.3 Billing and Payment Obligations

You agree to pay all Subscription Fees and any other charges specified in this Agreement or in any Order Form. You remain responsible for all fees due for the full subscription term, regardless of whether you actively use the Services. All payments are non-refundable and may not be canceled once due. Unless otherwise stated, all fees are billed in advance. You must provide valid and current payment information, and you authorize the Company to charge your chosen payment method for all applicable amounts. By submitting payment details, you consent to their use by payment processors and related third parties for completing transactions.

4.4 Late Payments

Any overdue amount may accrue interest at the lower of 1.5% per month or the highest rate permitted by law, along with reasonable collection costs. Failure to pay any amount within 30 days of its due date constitutes a material breach and may result in suspension or termination of the Services.

4.5 Billing Disputes

If you believe a charge has been incorrectly applied, you must notify the Company in writing within 30 days of the charge, describing the nature and amount of the dispute. Charges not disputed within this period will be considered accepted and final.

4.6 Taxes

All Subscription Fees exclude any applicable taxes, duties, or governmental charges, including VAT, sales tax, or withholding taxes. You are responsible for all such taxes associated with your use of the Services. If the Company is required to collect or remit taxes on your behalf, those amounts will be billed to you. The Company remains solely responsible for taxes assessed on its own income.

5. Intellectual Property Rights

5.1 Ownership of the Platform and Data

All rights, ownership, and intellectual property in and to the Services, platform content, system data, and any aggregated or derived data belong exclusively to the Company or its licensors. Except for the limited rights expressly granted to you under this Agreement, no rights are transferred, and all intellectual property rights remain with the Company. All Company names, logos, trademarks, and branding elements are the exclusive property of the Company or its affiliates and may not be used without prior written authorization. Any third-party trademarks used in connection with external services remain the property of their respective owners and are subject to their individual usage policies.

5.2 Limited License to You

Provided that you comply with this Agreement, the Company grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services during the active subscription term, solely for your internal business operations. You may not:

(a) alter, copy, or create derivative works from the Services;

(b) sell, rent, license, sublicense, assign, distribute, or otherwise make the Services available to any third party except as expressly allowed for your authorized users;

(c) reverse engineer, decompile, or attempt to extract the source code or technical structure of the Services;

(d) use the Services to develop or benchmark competing products or services;

(e) replicate or imitate any features, layouts, interfaces, or technical components; or

(f) use the Services in any manner not explicitly permitted by this Agreement.

5.3 Rights Granted to the Company

You grant the Company and its affiliates a perpetual, worldwide, irrevocable, royalty-free, transferable, and sublicensable right to use, adapt, reproduce, integrate, and distribute any feedback, ideas, improvements, or suggestions you or your users submit regarding the Services, without obligation of attribution or compensation.

You also grant the Company the right to use your business name, logos, trademarks, and publicly available branding ("Your Marks") solely for the purpose of operating, promoting, and marketing the Services. Any such use will benefit only your business's goodwill, and all ownership rights in Your Marks remain yours except for the limited permissions granted in this section.

6. Data Ownership and Use

6.1 Your Content and Data

As between you and the Company, you retain full ownership of all data, content, and information you submit or upload to the Services ("Your Data"). You grant the Company a worldwide, non-exclusive, fully paid, royalty-free, transferable and sublicensable license to use, reproduce, modify, publish, display, distribute, and otherwise process Your Data solely to operate, maintain, enhance, develop, and support the Services, as well as related or integrated partner products.

You confirm that you have all necessary rights and permissions to provide Your Data and that its use through the Services does not violate any laws or the rights of any third party.

6.2 Platform-Generated Data

Any information that the Company collects independently of Your Data—including data obtained directly from end users through Company-operated applications or systems—remains the sole property of the Company ("Company Data"), even if such information overlaps with or relates to your users.

6.3 Aggregated and Statistical Data

The Company exclusively owns all anonymized, aggregated, and statistical data derived from use of the Services. The Company may use such aggregated data for any lawful business purpose, including analytics, research, reporting, and service improvement, provided it does not identify or reasonably allow identification of you, your business, or any individual end user.

6.4 Personal Information

The Company's Privacy Policy governs how personal data submitted through the Services is collected and used. By using the Services, you confirm that you have reviewed and accepted the Privacy Policy.

You authorize the Company to process Your Data as necessary to provide the Services, including billing, support, analytics, marketing communications, and product development. You confirm that you have obtained all legally required notices, permissions, and consents from your end users or representatives and that they have been directed to the Company's Privacy Policy, even where the Company may also provide notice or obtain consent directly.

6.5 Health Information Compliance

Certain laws, including the Health Insurance Portability and Accountability Act (HIPAA), regulate the handling of protected health information ("PHI"). If you or any of your affiliates are subject to HIPAA and use the Services to store or process PHI, you must notify the Company in advance and enter into a Business Associate Agreement (BAA) provided by the Company before using the Services. You are solely responsible for determining whether HIPAA applies to your activities.

6.6 Data Security

Throughout your subscription, the Company will implement reasonable administrative, technical, and physical safeguards designed to protect Your Data, as described in its security policies. Where the Services process payment card information, the Company will maintain compliance with applicable PCI DSS standards.

6.7 Data Breaches

If either party becomes aware of any unauthorized access, use, or disclosure of Your Data, that party will promptly notify the other. Both parties will cooperate in good faith to investigate, contain, and mitigate the effects of such an incident, including assisting with any legally required notifications.

6.8 Data Ownership Disputes

You are solely responsible for resolving any disputes related to rights, ownership, or access to Your Data, including disputes involving your employees, partners, contractors, or former affiliates. The Company has no obligation to participate in or adjudicate such disputes.

7. Confidential Information

Each Party agrees to keep the other Party's Confidential Information strictly confidential and not to use or disclose it, except in the following limited circumstances:

(a) when reasonably required to fulfill its obligations or exercise its rights under this Agreement;

(b) when the disclosing Party has given prior written consent; or

(c) when disclosure is required by applicable law, regulation, or a binding order of a court or governmental authority.

Each Party shall safeguard the other Party's Confidential Information with at least the same degree of care it uses to protect its own confidential materials of a similar nature, and in no event less than a commercially reasonable standard of protection.

Confidential Information does not include information that:

(i) is or becomes publicly available through no fault or breach by the receiving Party;

(ii) was lawfully known to the receiving Party before it was disclosed by the other Party;

(iii) was independently created by the receiving Party without reference to or use of the other Party's Confidential Information; or

(iv) is lawfully obtained from a third party who was not under a duty of confidentiality to the disclosing Party.

For the avoidance of doubt, nothing in this Section limits the Company's rights with respect to its own Company Data or Aggregated Data.

8. Term, Termination and Suspension

8.1 Term of the Agreement

Unless a different period is stated in an Order Form, this Agreement will begin with an initial period of ninety (90) days ("Initial Term"), starting on the Effective Date. After the Initial Term, the Agreement will automatically continue in rolling thirty (30) day periods (each a "Renewal Term," and together with the Initial Term, the "Subscription Term") unless it is properly terminated.

Either Party may end this Agreement for any reason by providing at least thirty (30) days' written notice before the end of the then-current Subscription Term. If you choose to end the Agreement before the Subscription Term concludes, you will still be responsible for paying all fees owed for the full Subscription Term, and monthly charges will continue until that term expires.

8.2 Termination for Breach

The Company may immediately terminate this Agreement or any related subscription if you or any of your Affiliates materially violate this Agreement. If termination occurs under this section, all unpaid Subscription Fees for the remainder of the Subscription Term will become immediately due and payable. Ending the Agreement does not cancel any payment obligations that arose prior to the effective termination date.

8.3 Effect of Termination or Expiration

When this Agreement ends or expires:

(a) all active Order Forms will automatically end;

(b) your right to access or use the Services will immediately cease; and

(c) except as stated below or required by law, the Company will have no duty to store, maintain, or provide access to your account or data.

For up to thirty (30) days after notice of termination, the Company will allow you to access Your Data (excluding payment card data and certain restricted content) through its standard online tools. If you submit a written request within that thirty-day period and have paid all outstanding amounts, and if the parties have agreed to a statement of work, the Company will provide Your Data via its standard export services. After this period ends, the Company will have no obligation to keep or deliver Your Data, except where legally required. Additional fees may apply if you request data retrieval assistance during the Subscription Term.

The provisions of this Agreement that by their nature should survive termination— including those relating to fees, intellectual property, confidentiality, data rights, limitations of liability, and dispute resolution—will continue in effect after this Agreement ends.

8.4 Suspension or Access Restrictions

The Company may suspend or terminate your access to the Services, in whole or in part, without prior notice if it reasonably determines that:

(i) your use of the Services violates this Agreement, applicable law, or the rights of any third party, or is harmful or disruptive;

(ii) suspension or termination is required by law or a regulatory authority; or

(iii) the parties fail to agree on the use of a required sub-processor.

9. Warranties and Disclaimers

9.1 Accuracy of Account Details

You agree to provide the Company with true, complete, and up-to-date information about your account, including but not limited to your legal business name, physical address, email address, banking details, and any other information the Company may reasonably request (collectively, "Account Information"). You are solely responsible for keeping your Account Information accurate and current and must promptly notify the Company in writing of any changes. The Company will not be responsible or liable for any losses, damages, or issues that result from incorrect, outdated, or incomplete Account Information.

9.2 Limited Performance Warranty

The Company warrants that during an active Subscription Term:

(a) the Software Services you have subscribed to will substantially operate in accordance with the functionality described in the applicable documentation; and

(b) that such functionality will not be materially reduced.

If the Services fail to meet this warranty, your only and exclusive remedy will be for the Company to use commercially reasonable efforts to correct or restore the affected functionality. If the Company is unable to do so, you may terminate this Agreement by written notice and will be entitled to a prorated refund of any prepaid Subscription Fees for the unused portion of the Subscription Term.

The Company will have no obligation under this warranty unless you notify it in writing of the issue within thirty (30) days after the problem first occurs. This warranty applies only if the Services have been used in compliance with this Agreement and applicable laws. Free, trial, and beta services are expressly excluded from this warranty.

9.3 Disclaimer of Warranties

Except for the limited warranty expressly stated in Section 9.2, and to the fullest extent allowed by law, the Company makes no other guarantees or warranties of any kind, whether express, implied, statutory, or otherwise. This includes, without limitation, any implied warranties of ownership, non-infringement, merchantability, or fitness for a particular purpose relating to the Services or related documentation.

The Company does not guarantee that the Services will be uninterrupted, error-free, secure, timely, or fully up to date, nor does it guarantee that the Services will meet your specific business needs. The Company also does not warrant that the systems used to deliver the Services—including the internet, communication networks, or your own devices—will be free from interruptions, viruses, or harmful components.

Except as expressly stated in Section 9.2, all Services, products, and third-party materials are provided on an "as is" and "as available" basis and are used entirely at your own risk in accordance with this Agreement. These disclaimers apply not only to the Company, but also to its affiliates, shareholders, directors, officers, employees, licensors, service providers, and partners.

10. Indemnification

You agree to protect, defend, and hold harmless RNKHUB, its affiliates, officers, directors, employees, partners, licensors, and service providers (collectively, the "RNKHUB Parties") from and against any and all third-party claims, demands, liabilities, losses, damages, and expenses (including reasonable legal fees) arising out of or related to:

any actual or alleged violation of this Agreement by you, your Affiliates, or your End Users;
any use of or access to the Services by you, your Affiliates, or your End Users;
any claim that Your Data, your activities, or your use of the Services infringes or violates the intellectual property, privacy, or other rights of a third party; or
any dispute between you and another party concerning ownership of, or access to, Your Data.

11. Limitation of Liability

11.1 Excluded Liability

RNKHUB shall not be liable for any loss, damage, or harm arising from the transmission of payment card or financial information before such data is securely encrypted and received by RNKHUB's servers. This exclusion includes, without limitation, losses resulting from fraud, theft, identity misuse, data interception, or privacy violations occurring outside RNKHUB's controlled systems.

11.2 Liability Cap

To the fullest extent permitted by applicable law, the total combined liability of the RNKHUB Parties for all claims arising out of or related to this Agreement, whether based on contract, negligence, tort, or any other legal theory, shall not exceed the greater of:

(a) the total Subscription Fees actually paid by you to RNKHUB in the twelve (12) months immediately preceding the event giving rise to the claim, or

(b) one hundred U.S. dollars (USD $100).

These limits apply collectively to RNKHUB and all RNKHUB Parties.

11.3 Exclusion of Certain Damages

To the maximum extent permitted by law, RNKHUB and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunities, data, goodwill, or service interruption, even if RNKHUB was advised of the possibility of such damages. This applies to any claim connected to the Services, Third-Party Offerings, or your inability to use them.

Some jurisdictions do not allow certain liability limitations, so parts of this section may not apply to you to the extent prohibited by law.

12. Export Compliance

You agree to comply with all applicable export control, trade, and sanctions laws and regulations, including those administered by the United States and other relevant authorities. You may not use the Services in any way that would violate such laws, including by exporting, re-exporting, or allowing access to the Services in restricted or prohibited jurisdictions.

You represent that you are not located in, controlled by, or a citizen or resident of any country or region subject to trade restrictions, and that you are not listed on any government-issued sanctions or prohibited-party lists. If you are located outside the United States, you also agree to comply with all export and trade laws applicable in your local jurisdiction.

13. Intellectual Property Policy

RNKHUB respects the intellectual property rights of others and will review and respond to properly submitted notices of alleged infringement in accordance with its Intellectual Property Policy. Any content, data, or material submitted to or through the Services is subject to that policy, as it may be updated from time to time.

14. Miscellaneous

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

14.2 Informal Dispute Resolution First

Before initiating any formal legal or arbitration proceeding, you agree to first provide RNKHUB with written notice describing the nature of your dispute along with your contact details. RNKHUB will have thirty (30) days from receipt of such notice to attempt to resolve the matter in good faith. If the dispute is not resolved during that period, either Party may proceed under the arbitration provisions set forth below.

14.3 Binding Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to this Agreement or your relationship with RNKHUB, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, that is not resolved through informal negotiation under Section 14.2, shall be resolved by final and binding arbitration before a neutral arbitrator rather than in a court of law.

Both you and RNKHUB waive the right to a trial by jury. Arbitration must be conducted on an individual basis only; class actions, collective actions, and representative proceedings are not permitted.

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration hearing shall take place in California. California law shall apply, except that the Federal Arbitration Act governs issues relating to arbitration. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction. The arbitrator may grant injunctive or equitable relief only as necessary to resolve the individual claim.

14.4 RNKHUB Contracting Entity

Depending on your location, your agreement is with the applicable RNKHUB legal entity:

For users located in the United States or any country not otherwise listed: RNKHUB, Inc., a Delaware corporation.

For users located in the United Kingdom: RNKHUB Ltd., a company registered in England and Wales.

For users located in Australia or New Zealand: RNKHUB Australia Pty Ltd.

14.5 Entire Agreement

This Agreement, together with any Order Forms, policies, and documents incorporated by reference, constitutes the complete and exclusive agreement between you and RNKHUB and replaces all prior or contemporaneous agreements or understandings relating to its subject matter. In the event of any conflict between an Order Form and this Agreement, the Order Form shall prevail.

14.6 Waivers and Severability

Any waiver of a right or provision under this Agreement must be in writing and signed by RNKHUB to be effective. A failure to enforce any provision shall not constitute a waiver of future enforcement. If any provision is found to be unlawful or unenforceable, it shall be modified to the minimum extent necessary to make it valid, and the remaining provisions shall remain in full force.

14.7 Assignment

You may not assign or transfer this Agreement without RNKHUB's prior written consent. RNKHUB may freely assign, transfer, or delegate its rights or obligations under this Agreement.

14.8 Notices

RNKHUB may provide notices to you through the Services or via the email address associated with your account, and such notices shall be deemed effective when sent. Notices from you to RNKHUB must be sent in writing by courier or registered mail to RNKHUB's designated legal or customer support address.

14.9 Force Majeure

Neither Party shall be liable for any failure or delay in performance (other than payment obligations) due to circumstances beyond its reasonable control, including natural disasters, government actions, labor disputes, cyberattacks, or failures of internet or telecommunications services. Performance deadlines will be extended for the duration of the delay.

14.10 Electronic Communications

You agree that all agreements, notices, and transactions may be conducted electronically. You waive any legal requirement for physical signatures or paper records, to the extent permitted by law.

14.11 Independent Relationship

Nothing in this Agreement creates a partnership, joint venture, employment, agency, or franchise relationship between you and RNKHUB. Each Party remains an independent contractor.

15. Definitions

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below:

15.1 Affiliate

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with you and that has been authorized to receive RNKHUB Services.

"Control" means the ability to influence or direct the management or operational decisions of an entity, whether through ownership, contractual rights, franchise arrangements, or similar mechanisms.

Affiliates also include your business locations and any franchisees designated to use the Services.

15.2 Aggregated Data

"Aggregated Data" means anonymized, de-identified, or combined data generated from the operation of the RNKHUB Services that cannot reasonably be used to identify any individual End User or household.

15.3 API

"API" means RNKHUB's application programming interfaces that enable software systems to interact with and use the Services, as updated from time to time.

15.4 Apps

"Apps" means the RNKHUB mobile applications, including business and branded client applications through which the Software Service is provided.

15.5 RNKHUB Platform

"RNKHUB Platform" means the scheduling, training, business management, and client engagement services provided under the RNKHUB brand.

15.6 Cardholder Data

"Cardholder Data" means payment card information, including card numbers, expiration dates, billing addresses, and cardholder names provided by End Users or you.

15.7 Card Updater

"Card Updater" means the RNKHUB feature that enables automatic updates of expired or outdated payment card information when supported by card networks.

15.8 Partner Revenue Programs

"Partner Revenue Programs" means any revenue-sharing or guaranteed-earning programs offered through RNKHUB or its partners.

15.9 Confidential Information

"Confidential Information" means all non-public technical, financial, business, and operational information of either party, including software, source code, product designs, pricing, customer data, strategies, and any information reasonably understood to be confidential.

15.10 Documentation

"Documentation" means all RNKHUB user guides, training materials, help articles, and technical documentation made available in connection with the Services.

15.11 End User

"End User" means any individual or business that books, purchases, interacts with, or communicates with you through the RNKHUB Services.

15.12 End User Data

"End User Data" means all information relating to End Users that is submitted, stored, or processed through the RNKHUB Services, including payment and booking data.

15.13 Performance Tools

"Performance Tools" means RNKHUB's fitness tracking, reporting, and analytics features.

15.14 Franchise Fees Tool

"Franchise Fees Tool" means the RNKHUB system that allows collection and distribution of payments between franchisees, affiliates, and the main business account.

15.15 Franchisee

"Franchisee" means any party operating under a franchise agreement with you and authorized to use the RNKHUB Services.

15.16 HIPAA

"HIPAA" means the U.S. Health Insurance Portability and Accountability Act, as amended, where applicable.

15.17 Marketing Services

"Marketing Services" means RNKHUB's online marketplace and promotion tools that allow consumers to find, review, and book participating fitness businesses.

15.18 RNKHUB App

"RNKHUB App" means the consumer-facing mobile and web applications that allow users to discover, book, and pay for services through RNKHUB.

15.19 RNKHUB Marks

"RNKHUB Marks" means all trademarks, logos, service marks, and brand names owned or used by RNKHUB.

15.20 Order Form

"Order Form" means any document, online form, or invoice that specifies the Services purchased, applicable fees, and agreed-upon terms.

15.21 Partner Store

"Partner Store" means RNKHUB's marketplace for third-party integrations and applications compatible with the Services.

15.22 PCI DSS

"PCI DSS" means the Payment Card Industry Data Security Standards governing the handling of payment card information.

15.23 Professional Services

"Professional Services" means RNKHUB's paid onboarding, consulting, training, or technical support services.

15.24 Privacy Policy

"Privacy Policy" means RNKHUB's policy explaining how personal data is collected, used, and protected.

15.25 Newly Integrated Services

"Newly Integrated Services" means products or features added to RNKHUB through acquisitions or new partnerships.

15.26 Services

"Services" means RNKHUB's software, applications, websites, hardware, and related services, excluding Third-Party Offerings.

15.27 Software Service

"Software Service" means RNKHUB's cloud-based fitness business management platform.

15.28 Third-Party Offerings

"Third-Party Offerings" means any external applications, services, or products that integrate with RNKHUB.

15.29 Virtual Training Platform

"Virtual Training Platform" means RNKHUB's system for hosting on-demand and live video fitness and wellness sessions.

15.30 Website

"Website" means RNKHUB's official websites through which the Services are provided.

15.31 Your Data

"Your Data" means all information, files, and content submitted or made available by you or your Affiliates through the RNKHUB Services, excluding Aggregated Data.

16. Contact

You can contact us for questions about the privacy policy

You can use the contact information below for GDPR/KVKK applications

Şirket

RNKHUB Bilişim A.Ş.

Bursa, Turkey