Terms of Service

Last updated: 15 January 2026

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Client", or "you") and focusvbgs Ltd ("focusvbgs", "we", "us", or "our"), a company registered in Malta with registration number C67945. By accessing or using our website, analytics platform, or services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must not access or use our services. These Terms apply to all visitors, users, and clients of focusvbgs services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any modifications constitutes acceptance of the updated Terms.

Service Description

focusvbgs provides gym revenue growth analytics platforms and related services to fitness businesses. Our services include but are not limited to:

  • Revenue stream analytics and reporting
  • Member retention intelligence and churn prediction
  • Operational efficiency analytics
  • Predictive business intelligence
  • Multi-location analytics for gym chains
  • Custom integration solutions
  • Consulting and support services

Service availability, features, and functionality may vary based on your subscription plan and may be updated or modified at our discretion.

User Obligations

By using our services, you agree to:

Account Responsibilities

  • Provide accurate, current, and complete information when creating an account
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorised use of your account
  • Accept responsibility for all activities that occur under your account

Acceptable Use

  • Use our services only for lawful purposes and in accordance with these Terms
  • Comply with all applicable laws and regulations
  • Respect the intellectual property rights of focusvbgs and third parties
  • Not attempt to reverse engineer, decompile, or disassemble our software
  • Not use our services to transmit harmful or malicious content
  • Not interfere with or disrupt the operation of our services

Data Accuracy

You are responsible for ensuring that all data provided to focusvbgs is accurate, lawfully obtained, and that you have the necessary rights and permissions to share such data with us for analytics purposes.

Payment Terms

Payment terms for our services are as follows:

  • Billing: Fees are billed monthly or annually based on your chosen subscription plan
  • Payment Methods: We accept major credit cards and bank transfers
  • Late Payments: Accounts with overdue payments may be suspended until payment is received
  • Price Changes: We reserve the right to modify pricing with 30 days' notice
  • Refunds: Refunds are provided in accordance with our cancellation policy
  • Taxes: All fees are exclusive of applicable taxes, which are your responsibility

Intellectual Property

All intellectual property rights in our services, including but not limited to software, analytics algorithms, reports, dashboards, documentation, and website content, are owned by focusvbgs or our licensors.

focusvbgs Rights

  • All proprietary analytics algorithms and methodologies
  • Software platform and user interface designs
  • Documentation, training materials, and guides
  • Trademarks, logos, and brand materials
  • Website content and design elements

Limited Licence

We grant you a limited, non-exclusive, non-transferable licence to use our services in accordance with these Terms and your subscription plan. This licence does not include the right to:

  • Sublicense, sell, or redistribute our services
  • Modify, adapt, or create derivative works
  • Remove or alter any copyright or proprietary notices
  • Use our services for competitive analysis or product development

Client Data

You retain ownership of all data you provide to focusvbgs. By using our services, you grant us a licence to process, analyse, and use your data solely for the purpose of providing our analytics services to you.

Data Protection and Privacy

Our collection, use, and protection of your personal data is governed by our Privacy Policy, which forms part of these Terms. By using our services, you consent to the processing of your data in accordance with our Privacy Policy.

We are committed to protecting your data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. All data processing is conducted with appropriate technical and organisational measures to ensure security and confidentiality.

Service Availability

We strive to provide reliable and continuous access to our services, but we cannot guarantee uninterrupted availability. Our services may be temporarily unavailable due to:

  • Scheduled maintenance and updates
  • Technical issues or system failures
  • Third-party service disruptions
  • Force majeure events

We will provide reasonable notice of scheduled maintenance when possible and work to minimise service disruptions.

Limitation of Liability

To the maximum extent permitted by applicable law, focusvbgs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or downtime
  • Costs of procurement of substitute services
  • Damage to reputation or goodwill

Our total liability for any claims arising from or relating to these Terms or our services shall not exceed the amount paid by you to focusvbgs in the twelve months preceding the claim.

Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding the accuracy, completeness, or reliability of analytics results
  • Warranties of uninterrupted or error-free service
  • Warranties regarding the security of data transmission or storage

While we use reasonable efforts to provide accurate analytics and insights, business decisions based on our services are made at your own risk. We recommend consulting with qualified professionals before making significant business decisions.

Indemnification

You agree to indemnify, defend, and hold harmless focusvbgs, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

  • Your use of our services in violation of these Terms
  • Your violation of any applicable laws or regulations
  • Infringement of third-party intellectual property rights
  • Any data you provide that violates third-party rights
  • Your negligent or wrongful conduct

Termination

These Terms remain in effect until terminated by either party.

Termination by You

You may terminate your account and these Terms at any time by:

  • Providing written notice of cancellation
  • Following our account closure procedures
  • Ceasing to use our services

Termination by focusvbgs

We may terminate or suspend your access to our services immediately if:

  • You breach any provision of these Terms
  • Your account becomes overdue for payment
  • We reasonably believe termination is necessary to protect our interests
  • You engage in fraudulent or illegal activities

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
  • All outstanding fees become immediately due and payable
  • Provisions that should survive termination will remain in effect

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Malta. However, we retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

Dispute Resolution

Before initiating any legal proceedings, we encourage you to contact us to resolve any disputes informally. Many concerns can be resolved quickly and amicably through direct communication.

If informal resolution is not possible, disputes may be resolved through binding arbitration in accordance with the rules of the Malta Arbitration Centre, unless such arbitration is prohibited by applicable law.

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, labour disputes, government actions, or internet service provider failures.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. The unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you may have with focusvbgs, constitute the entire agreement between you and focusvbgs regarding the use of our services and supersede all prior or contemporaneous communications and proposals.

Contact Information

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