Terms of Service

1. The Service

HealthStudio provides a cloud-based studio management platform that allows fitness and wellness businesses (“Studios”) to:

• Create and manage class schedules and instructor rosters
• Accept client bookings and manage waitlists
• Track attendance and manage client credit balances and on-account billing
• Process your own studio subscription fees, and credit pack or on-account payments from your clients, via integrated payment providers
• Communicate with clients through transactional notifications

We reserve the right to modify, suspend, or discontinue any feature of the service with reasonable notice, except where immediate action is required for security or legal reasons.

2. Accounts and Eligibility

Who may register

To create a studio account you must be a legal entity or an individual of at least 18 years of age authorised to bind that entity. By registering you represent that all information you provide is accurate and that you have the authority to accept these Terms on behalf of your business.

Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@healthstudio.site if you suspect unauthorised access to your account.

3. Acceptable Use

You agree to use the platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the platform to engage in any unlawful, fraudulent, or deceptive activity
• Upload or transmit malicious code, viruses, or any content that could harm the platform or its users
• Attempt to gain unauthorised access to any part of the platform or another user’s account
• Scrape, reverse-engineer, or replicate any material part of the platform without our prior written consent
• Use the platform to send unsolicited commercial messages to clients
• Violate any applicable law, including POPIA, the Consumer Protection Act 68 of 2008, or the Electronic Communications and Transactions Act 25 of 2002

We may suspend or terminate access to the platform immediately and without notice if we determine, in our reasonable discretion, that your use violates these provisions.

4. Fees and Billing

Subscription plans

Studio accounts are billed on a monthly or annual subscription basis in South African Rand (ZAR). Current plan pricing is displayed on the Pricing page. Prices are inclusive of VAT where applicable.

Free trial

New studio accounts start with a 30-day free trial with full access to the product — no credit card is required to sign up or to start the trial. When the trial period ends, nothing is switched off: your studio, its schedule, and your clients’ bookings keep working exactly as they did during the trial. There is no automatic conversion to a paid plan and no charge — we will get in touch to talk about moving to a paid plan when you are ready.

Payment

Subscription fees are processed via Paystack. By providing your payment details you authorise HealthStudio (through Paystack) to charge the applicable subscription fee on the billing date each period. Failed payments may result in service suspension after a reasonable grace period.

Cancellation and refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period — you retain access to the platform until that date. We do not provide pro-rata refunds for partial billing periods except where required by the Consumer Protection Act or other applicable South African law.

5. Data and Privacy

Your use of the platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

As a studio operator you act as a responsible party under POPIA in respect of the personal information of your clients that is processed through the platform. HealthStudio acts as an operator processing that information on your behalf. You are responsible for ensuring that your collection and use of client personal information complies with POPIA and any other applicable data protection laws.

We will process client personal information only in accordance with your lawful instructions and these Terms. We will not sell or disclose client data to third parties except as described in our Privacy Policy or as required by law.

6. Intellectual Property

The platform, including its software, design, trademarks, and content (excluding your data), is owned by HealthStudio and is protected by South African and international intellectual property laws. These Terms do not transfer any intellectual property rights to you.

We grant you a limited, non-exclusive, non-transferable licence to access and use the platform solely for your internal business purposes during the term of your subscription. You retain all rights to the data you input into the platform.

7. Limitation of Liability

To the maximum extent permitted by South African law:

• The platform is provided “as is” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• HealthStudio will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the platform, including loss of revenue, data, or business.
• Our aggregate liability to you for any claim arising under or related to these Terms will not exceed the total fees you paid to us in the three months preceding the event giving rise to the claim.

Nothing in these Terms limits liability for death or personal injury caused by our negligence, or for fraud, or for any other liability that cannot be excluded or limited under South African law (including the Consumer Protection Act).

8. Termination

Either party may terminate the agreement formed by these Terms:

• You — by cancelling your subscription through the platform settings. Termination takes effect at the end of your current billing period.
• HealthStudio — immediately, without notice, if you materially breach these Terms and fail to remedy the breach within 7 days of written notice; or with 30 days’ notice for any other reason.

On termination you may request an export of your data in a machine-readable format within 30 days. After that period we may delete your data in accordance with our retention schedule (see the Privacy Policy).

9. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict-of-law rules.

Any dispute arising out of or in connection with these Terms that cannot be resolved by good-faith negotiation will be referred to mediation under the auspices of the Arbitration Foundation of Southern Africa (AFSA) before either party may commence litigation. If mediation fails, the dispute will be resolved by arbitration under AFSA rules, with proceedings conducted in English in Cape Town, South Africa.

Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

10. General

• Entire agreement — these Terms, together with our Privacy Policy and any order form or subscription confirmation, constitute the entire agreement between you and HealthStudio concerning the platform.
• Amendments — we may update these Terms from time to time. Material changes will be notified by email at least 14 days before taking effect. Continued use of the platform after the effective date constitutes acceptance.
• Severability — if any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
• No waiver — failure to enforce any provision does not constitute a waiver of that provision or any other.

Questions

If you have questions about these Terms, please contact us at legal@healthstudio.site.