Terms of Service

Acceptance of Terms

By accessing and using the services provided by modernpathhubae Ltd ("we", "us", or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our services.

These terms apply to all users of our website, clients who engage our fitness platform setup services, and any other interactions with modernpathhubae Ltd.

Service Description

modernpathhubae provides fitness subscription platform setup services, including but not limited to:

Subscription management system development and configuration
Mobile application development for iOS and Android platforms
Class scheduling and booking system implementation
Payment processing integration and setup
EU regulatory compliance implementation (GDPR, PCI DSS)
Technical support and platform maintenance services
Business consultation for fitness subscription models

User Obligations

When using our services, you agree to:

Provide accurate and complete information during consultation and service delivery
Comply with all applicable laws and regulations in your jurisdiction
Use our services only for lawful business purposes
Maintain the confidentiality of any login credentials or access information
Pay all fees and charges according to the agreed payment terms
Cooperate with our team during platform development and implementation
Not attempt to reverse engineer, copy, or redistribute our proprietary technology
Notify us immediately of any security breaches or unauthorised access

Payment Terms and Conditions

Payment terms for modernpathhubae services are as follows:

Project fees are outlined in individual service agreements and quotations
Payment schedules typically require deposits upon contract signing
Milestone payments may be required during project development phases
Monthly support fees are billed in advance and due within 14 days
Late payments may incur additional charges as specified in service agreements
All fees are quoted in Euros unless otherwise specified
VAT is applied according to EU regulations and client location

Intellectual Property

The intellectual property rights relating to modernpathhubae services are protected as follows:

Our Intellectual Property

All proprietary technology, software, and methodologies remain the property of modernpathhubae
Our trademarks, logos, and brand materials may not be used without written permission
Core platform technology is licensed to clients, not transferred
We retain rights to general knowledge and expertise gained during projects

Client Intellectual Property

Clients retain ownership of their business data, content, and brand materials
Custom configurations and client-specific developments are owned by the client
We require appropriate licenses to use client materials during service delivery
Client data remains confidential and is not shared with third parties

Service Level Agreements

modernpathhubae commits to the following service standards:

Project timelines as specified in individual service agreements
Technical support response times during business hours (Monday-Friday, 10:00-19:00 CET)
Platform uptime targets of 99.5% for hosted services
Regular backup and disaster recovery procedures
Security updates and maintenance as part of ongoing support packages

Data Protection and Privacy

modernpathhubae is committed to protecting client and user data in accordance with:

General Data Protection Regulation (GDPR) requirements
Malta Data Protection Act and relevant EU legislation
Industry best practices for data security and privacy
Our comprehensive Privacy Policy, available at privacy-policy

Limitation of Liability

To the maximum extent permitted by law, modernpathhubae's liability is limited as follows:

Our total liability for any claim shall not exceed the total fees paid by the client in the 12 months preceding the claim
We exclude liability for indirect, consequential, or special damages including lost profits
We do not guarantee specific business outcomes or revenue results from platform implementation
Force majeure events beyond our reasonable control are excluded from liability
Clients are responsible for their own business decisions and regulatory compliance

Nothing in these terms excludes or limits liability for death, personal injury, fraud, or other matters that cannot be excluded under applicable law.

Confidentiality

Both parties acknowledge that confidential information may be shared during service delivery:

All business information, technical specifications, and strategic plans remain confidential
Confidential information may only be used for the purpose of delivering agreed services
Non-disclosure obligations survive termination of service agreements
Standard exceptions apply for publicly available information and legal requirements

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Malta. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the Maltese courts.

For clients located in other EU member states, local consumer protection laws may apply in addition to these terms.

Termination

Service agreements may be terminated under the following circumstances:

Termination by Client

30 days written notice for ongoing support services
Immediate termination for project services with payment for work completed
Early termination fees may apply as specified in service agreements

Termination by modernpathhubae

Immediate termination for breach of payment terms or service conditions
30 days notice for termination without cause
Immediate termination for illegal use or violation of terms

Effect of Termination

Client access to hosted services will be suspended or terminated
Data export and transition assistance may be provided for a reasonable period
Outstanding fees and charges remain due and payable
Confidentiality and intellectual property obligations survive termination

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, internet service failures, or other unforeseeable events.

Amendments and Updates

modernpathhubae reserves the right to modify these Terms of Service at any time. Material changes will be communicated to existing clients with appropriate notice. Continued use of our services after changes constitutes acceptance of the updated terms.

Severability

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

Entire Agreement

These Terms of Service, together with any specific service agreements and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.

Contact Information

For questions about these Terms of Service or legal matters, please contact:

Legal Department: legal@modernpathhubae.top
General Enquiries: contact@modernpathhubae.top
Phone: +356 23478541
Address: Triq il-Papa Piju V 57, Sliema SLM 0951, Malta

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