FormaCore Terms of Service

These Terms of Service ("Terms") govern access to and use of the FormaCore platform, including the admin panel, Member Portal, mobile applications, and related services (collectively, the "Service"), provided by FormaCore LLC (registration ID 405872854), registered at Georgia, Tbilisi, Zaza Panaskertel-Tsitsishvili Street, Building 1, Apartment 180 ("FormaCore," "we," "us," "our").

By creating an account or using the Service, you ("Customer," "you") agree to be bound by these Terms. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.

1. The Service

FormaCore is a multi-tenant Wellness & Leisure Management SaaS platform for gyms, fitness studios, spas, salons, and similar businesses. The Service includes an admin panel (member management, class scheduling, payments, POS, staff management, CRM, automation, marketing, and reporting modules), a self-service Member Portal, and — once released — mobile applications for iOS and Android.

Features available to a given Customer depend on the subscription plan purchased. We may add, modify, or discontinue features over time; we will not materially reduce core functionality of a paid plan during an active subscription term without notice.

2. Accounts

You must provide accurate registration information; you are responsible for the confidentiality of login credentials for your account and all staff accounts created under it, and for all activity under your account. Notify us promptly of any unauthorized use.

3. Subscription, Billing, and Pricing

• FormaCore is offered on a per-location subscription pricing model, published transparently and not subject to undisclosed or retroactive repricing during an active subscription term.
• Fees are billed in advance on a recurring basis as specified at signup or in your order form.
• Accepted payment methods include cash and, once integrated, card/bank payments via Bank of Georgia and/or TBC Bank. You authorize us (or our payment processor) to charge your designated payment method for card/bank payments.
• Failure to pay may result in suspension or termination of access, subject to reasonable notice.
• Future price changes will be communicated with reasonable advance notice.
• Except as required by law or expressly stated in an order form, fees are non-refundable.

4. Customer Data and Member Data

• As between the parties, Customer retains ownership of data it uploads or generates through the Service, including Member data.
• We process Member data solely on Customer's behalf and instructions, per our Data Processing Agreement (DPA), which forms part of these Terms.
• Customer is responsible for ensuring it has the necessary rights and legal basis to submit Member data to the Service and to use its communication and automation features (including email marketing via Resend) to contact its Members.
• Upon termination, Customer may export its data for 3 months, after which we will delete or anonymize retained data, subject to legal retention requirements.

5. Acceptable Use

You agree not to: use the Service unlawfully or in violation of these Terms; send unsolicited communications in violation of applicable law; attempt unauthorized access to the Service, other accounts, or underlying infrastructure; reverse engineer or attempt to extract source code, except as permitted by law; interfere with or disrupt the Service; transmit malicious code; or resell, sublicense, or white-label the Service without our prior written consent.

We may suspend accounts that violate this section, with notice where reasonably practicable.

6. Intellectual Property

We retain all rights in the Service, including software, design, trademarks, and underlying technology. Customer receives a limited, non-exclusive, non-transferable license to use the Service during the subscription term for its internal business purposes. Feedback you provide may be used by us without restriction or obligation.

7. Third-Party Services

The Service integrates with third-party providers, including payment processing and AI-assisted features. Use of these integrated features may be subject to the applicable third party's own terms, to the extent disclosed to you.

8. Mobile Applications

Once released, use of FormaCore's iOS and Android applications is also governed by these Terms and by the applicable app store's terms of use. Certain features may require permissions (e.g., camera, push notifications) as described in our Privacy Policy; you may decline these permissions, though some features may then be unavailable.

9. Service Availability

We aim to provide reliable access but do not guarantee uninterrupted or error-free operation. Planned maintenance will be communicated in advance where practicable. Specific uptime commitments, if any, are set out in a separate SLA for eligible plans.

10. Term and Termination

These Terms remain in effect for as long as you maintain an active subscription. Either party may terminate for the other's material breach if not cured within a reasonable period after notice. We may suspend or terminate immediately for violations of Section 5 or non-payment. Upon termination, Customer's access ends; data export/deletion follows Section 4 and the DPA.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMACORE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

13. Indemnification

Customer agrees to indemnify and hold us harmless from claims arising out of its misuse of the Service, violation of these Terms, or violation of applicable law in connection with Member data it submits to the Service.

14. Governing Law and Disputes

These Terms are governed by the laws of Georgia. Any disputes arising under these Terms are subject to the jurisdiction of the competent courts of Georgia, unless mandatory local law applicable to Customer requires otherwise.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notice with reasonable advance notice before taking effect. Continued use after changes take effect constitutes acceptance.

16. Contact

FormaCore
Georgia, Tbilisi, Zaza Panaskertel-Tsitsishvili Street, Building 1, Apartment 180
Email: info@formacore.io