Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the drakveloni.top website and services provided by drakveloni.top B.V., a company registered in the Netherlands with registration number KvK46285973.

By accessing or using our website at drakveloni.top, or by engaging our gym revenue performance tracking services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our website or services.

These Terms constitute a legally binding agreement between you and drakveloni.top B.V. We may modify these Terms at any time, and such modifications will be effective immediately upon posting on our website. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

Description of Services

drakveloni.top provides gym revenue performance tracking systems and related services to fitness businesses. Our services include but are not limited to:

• Revenue analytics and reporting dashboards
• Member engagement tracking and analysis
• Performance optimisation recommendations
• Data integration and management services
• Training and ongoing support

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of our services without notice or liability.

User Obligations

When using our website and services, you agree to:

Acceptable Use

• Provide accurate, current, and complete information when creating accounts or submitting enquiries
• Maintain the security of your account credentials and notify us immediately of any unauthorised use
• Use our services only for lawful purposes and in accordance with these Terms
• Respect the intellectual property rights of drakveloni.top and third parties
• Comply with all applicable laws and regulations in your jurisdiction

Prohibited Activities

You must not:

• Use our services for any illegal, harmful, or unauthorised purpose
• Attempt to gain unauthorised access to our systems, networks, or user accounts
• Interfere with or disrupt the integrity or performance of our services
• Transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble our software or systems
• Use automated systems to access our website without our written permission

Intellectual Property

All content, features, and functionality of the drakveloni.top website and services, including but not limited to text, graphics, logos, images, software, and design, are owned by drakveloni.top B.V. or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Our Rights

You acknowledge and agree that:

• We retain all rights, title, and interest in our services and related intellectual property
• Our trademarks, service marks, and logos may not be used without our prior written consent
• Any feedback, suggestions, or ideas you provide may be used by us without compensation

Limited Licence

We grant you a limited, non-exclusive, non-transferable licence to access and use our website and services for their intended purpose. This licence does not include any right to:

• Resell or make commercial use of our services
• Download or copy account information for the benefit of third parties
• Use data mining, robots, or similar data gathering tools

Payment Terms

If you subscribe to our paid services, the following payment terms apply:

Fees and Billing

• Fees are due in advance and are non-refundable except as expressly stated in these Terms
• All prices are stated in Euros (EUR) and exclude applicable taxes unless otherwise specified
• We reserve the right to change our pricing with 30 days' written notice
• Failure to pay fees when due may result in suspension or termination of services

Automatic Renewal

Subscription services automatically renew for successive periods unless cancelled by either party with appropriate notice as specified in your service agreement.

Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

You are responsible for ensuring that any personal data you provide to us is accurate and that you have the necessary rights and consents to share such data with us.

Limitation of Liability

To the maximum extent permitted by applicable law, drakveloni.top B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:

• Our services will meet your specific requirements
• Our services will be uninterrupted, timely, secure, or error-free
• The results obtained from using our services will be accurate or reliable
• Any defects in our services will be corrected

Limitation of Damages

In no event shall our total liability to you for all damages exceed the amount paid by you to us in the twelve (12) months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless drakveloni.top B.V., its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees arising out of or relating to:

• Your violation of these Terms
• Your use of our services
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Rotterdam, Netherlands, and you hereby consent to personal jurisdiction and venue therein.

European Union Rights

If you are a consumer residing in the European Union, you may have additional rights under applicable EU consumer protection laws, and nothing in these Terms is intended to limit such rights.

Termination

Either party may terminate this agreement at any time with appropriate notice as specified in your service agreement. We may also terminate or suspend your access immediately, without prior notice, if you breach these Terms.

Effect of Termination

Upon termination:

• Your right to access and use our services will cease immediately
• We will provide you with access to export your data for a reasonable period
• We may delete your account and data in accordance with our data retention policies
• All provisions that by their nature should survive termination shall remain in effect

Refund Policy

In the event of termination by us due to your breach of these Terms, no refund of prepaid fees will be provided. For terminations not due to breach, refunds may be available on a pro-rata basis as specified in your service agreement.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other causes beyond our reasonable control.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and drakveloni.top B.V. regarding your use of our services and supersede all prior and contemporaneous agreements and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us: