SAAS PLATFORM TERMS

SAAS PLATFORM TERMS

SAAS PLATFORM TERMS

Effective: December 22, 2023

These Additional Terms, hereinafter “Commercial Terms”, set out the conditions on which you access and/or make use of the Website, Platform, and Platform Services of the Company, its affiliates, distributors, service providers, or third-party services relating to the Company, available at and/or through the Website, or Platform Services via any of its Domains, including but not limited to content, functionality, products, and any other interactions and engagements, collectively the ("Platform Services"), for the Commercial Product - “SAAS Products”.

These License Agreement, Terms, Commercial Terms, and Privacy Policy govern the User(s) use of the Platform and Platform Services.

For the purpose of this agreement, “You” or “your(s)” or “their” shall mean the "Customer" - whether a Merchant or the Client, as the context in the statement may infer.

For these Terms, the following definitions shall be used:

“Account” shall mean a unique account created for the Customer(s) to access the Platform and the Service or parts of the Services, whether for access, purchase, use or any utilization thereof.

“Affiliate” shall mean an entity whose control is controlled by or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.

“Approved Gateway” means any PSP payment provider linked Gateway that is approved and allowed by the Company to be integrated and/or connected to its Platform.

“Brand” shall mean the trademark - “MevoLife” and other associated copyrights, trademarks, registrations, and other Intellectual Property Rights for the name under which the Сompany markets and operates its Platform Services and Products worldwide. The Company certifies that the Company has the full authority and power to use the Intellectual Property from the Company’s licensors.

“Business Day” means any weekday other than a bank or public holiday in the country of Licensor registration.

“Client” shall mean the individuals and companies seeking the Product(s) from the Merchant via the Platform or Platform Services.

“Company Commission” shall mean the amount of compensation for the Platform or Platform Services paid to the Company by Customer(s).

“Company Gateway” shall mean the Company's payment receivable method for the purchase amounts from Customer(s) for the SAAS Products using the Company's PSP payment provider account.

“Content” shall mean content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by the User(s), regardless of the form of that content.

"Customer" shall mean an individual or combined reference to the Merchant and the Client of the Platform or Platform Services.

“Device” shall mean any device that can access the Service, such as a computer, a smartphone or a digital tablet.

"Domains" shall mean the domains, including the sub-domains and any associated domains and sub-domains, of any party or its associated parties.

“Effective Date” means the date of execution of this Agreement.

“Feedback” shall mean feedback, innovations, or suggestions sent by the Customer(s) regarding the attributes, performance, or features of the Platform Services.

“Intellectual Property Rights” means all intellectual property rights where in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights and these Intellectual Property Rights include copyright and related rights, database right, confidential information trade secrets, know-how, business names, trade names, trademarks, service mark passing off rights, unfair competition right, patents, petty patents, utility models, semi-conductor topography rights and rights in designs.

“License” means the limited right to access and use the Platform or Platform Services granted by the Licensor to the Licensee for a specific period of time, limited number of users, at the Licensee’s location and on a limited number of devices, and other conditions set in the License Agreement and Terms.

“License Agreement” means a written agreement for the License between “Licensor” and the User(s) (hereinafter referred to as the “Licensee”) to access and use the Platform and Platform Services and in accordance with the conditions set in the Licence Agreement and Terms.

“Licensee” shall mean any party authorised by the Licensor to use the Platform Services and has direct or indirect access to the Platform or Platform Services.

“Licensor” shall mean APEX SYNERGIES DMCC, a company incorporated under the laws of the United Arab Emirates.

“Marketplace” shall mean the ability provided by the Platform or Platform Services to the Client(s) to discover, connect, and buy the Product(s) of the Merchant(s) via the Platform or Platform Services, using any Authorized Gateway.

“Merchant” or "Seller" shall mean the suppliers in the field of professional fitness, companies and individuals (trainers, coaches, nutritionists), gyms, health clubs and other sellers of the “Product(s)”.

“Merchant Gateway” shall mean the Merchant’s payment receivable account on the Platform, where the Merchant can get the purchase amounts of Product(s) payments directly from the Client(s) through the Merchant’s own PSP. The Merchant Gateway must comply with the "Authorized Gateway(s)" of the Company, and must be integrated into the Platform, and the Merchant's Gateway Account must be connected, set up, and activated on the Platform.

"Mobile Applications" or "Mobile Apps" shall mean any apps developed by the Company for User(s) mobile access, computing, or usage of related Platform Services over mobile phone handsets, or other mobility-related devices such as tablets.

“Order” shall mean the procedure of ordering or orders placed for the Product(s) over the Platform, through any Platform Services by the Client(s) from the Merchant(s) or from the Company.

“Payment Processor” or “PSP” shall mean all Approved Gateway integrated and supported on the Platform to enable commerce offline or online, licensed payment provider for collecting, sending and refunding the funds.

“Platform” shall mean the overarching digital space that resides on top of the software or the technology provided by the Company, which is accessed by the User(s) and is interconnected with various services, including the ones provided and activated by the Company, its affiliates, associates, partners, distributors, service providers, or third parties, or on behalf of the licensor to facilitate the performance of all Content, information, functionality, purchases, subscription, sales, services and support towards the User(s). The Platform encompasses Software, SAAS, SAAS Product(s), Product(s), White Label Product(s), Gateway(s), services, Marketplace, and all other elements that are accessible, usable or operational for User(s) both online and offline, seeking to utilize any provided services.

“Platform Gateway” shall mean the payment receivable method for the purchase amounts or the Product(s) from the Client(s) through the Platform’s PSP. The Merchant(s) can use the Platform’s Gateway if the Merchant(s) does (do) not have the Merchant’s Gateway.

“Platform Services” shall mean any access, making use of, and/or utilization of the Website, Platform, other services, and any other engagements available at and/or through the Website or the Platform, including but not limited to mevolife.com, its domains or subdomains, and/or the domains of any affiliates, distributors, service providers, third-party services, integrated services, and mobile applications by the User(s). Wherever ‘Platform Services’ is mentioned, it shall infer to and include the ‘Platform’ as part of and within its meaning.

“Product” shall mean any Goods and Services on the Platform or Platform Services that are fitness-related, or under any other approved product categories over the Platform, for sale or sale via any Approved Gateway.

“SAAS” or “SAAS Platform” shall mean the ‘Software-as-a-Service’, which is part of the Software and sold in such a model that is mainly made available for access via online medium, web and mobile apps and includes various SAAS Product(s).

“SAAS Product” shall mean the SAAS Platform feature sets that are divided into various “Plans” and “Add-Ons”, including associated Platform Services. These Plans and Add-Ons may be available as free trials and/or purchased at various price points on subscription or one-time/usage-based payment models for access, usage, and utilization by the Customer(s). SAAS Product(s) shall also include White Label Product(s) that are sold as Plans and/or Add-Ons, unless there is a separate agreement that sets forth the specific terms and conditions thereof acceptable to the Company. That agreement (the “White Label Service Level Agreement”) will also incorporate these Terms as well as certain mandatory additional terms.

“Sales” shall mean any released sales made by the Company or the Merchant to any type of Customer(s) through any Approved Gateway.

“Software” shall mean the application programs, including but not limited to any object code and updates, hosting, maintenance and support applications and materials, functional and technical specification described, whether online or offline, Admin Apps - Web and App-based Content Management System (CMS), including all current and future systems, modules and features; the Brand Website and App; White Label Product(s); Marketplace Website and App.

"User" shall mean an individual or combined reference to the Customer(s) and Visitor(s) of the Platform or Platform Services.

"Visitor" shall mean any user who visits, accesses, or makes use or utilization of any Platform Service, whether direct or via any intermediary, and who may or may not have an Account on the Platform. It shall also include any person/entity who is not directly covered under the existing definition of the Customer(s), and who may be associated with the Company or the Customer(s), Distributors, Partners, Affiliates, Employees, Corporate Clients, or any other associated or un-associated or un-identified person/entity.

"Website" shall mean the domain - mevolife.com, its subdomains, and/or any affiliates, distributors, service providers, or third-party services and/or integrated domains and subdomains, and mobile applications.

“White Label Product” or “White Labeled Product” shall mean those generic and readymade client-facing products that are specifically made available by the Company to be allowed for rebranding by the Merchant and maintain the Merchant’s brand identity on them - “White Label Website” and “White Label Mobile Apps”, but utilizes the rest of the Platform and interconnected Platform Services that are for Merchant's access and use only.

1. SAAS Products

The SAAS Platform features are bundled into different modules or functional sets and are made available as “SAAS PRODUCTS” consisting of various Plans and Add-Ons.

The addition, discontinuation, or modification of features, plans, and add-ons, updates will be reflected on the Platform’s Website, Internal Pages, CRM, and other Platform Services. These changes are not limited to a specific medium and are subject to modification at any time.

2. Features, Plans & Add-Ons

2.1 The Platform “Features”, “Plans”, and “Add-Ons” are curated for the fitness industry, catering to businesses and professionals, including coaches, trainers, nutritionists, studios, gyms, and health clubs.

2.2 Some of the main Features, Plans and Add-Ons offered on the Platform, but not limited to, and subject to change anytime, are listed hereunder:

2.3 SAAS PRODUCT FEATURES

  • Dashboard: Home & Actions
  • Setup: Coach, Business, Assessment, Taxes, Payouts, Teams and Locations
  • Plan Builder: Workout Planner, Diet Planner, Habit Planner
  • Clients Management
  • Bookings Management
  • Communication: Video Calls & Chats
  • Marketing: Sales CRM, Promotions, Business Website, App Builder
  • Business Tools: Billing Manager, Payments Manager, Stationary, Form Builder
  • Health Calculators: BMI Calc, BMR Calc, Calorie Calc, and Ideal Weight Calc

2.4 SAAS PRODUCT PLANS

  • 2.4.1 FREE PLAN
  • 2.4.2 INDIVIDUAL PLAN
  • 2.4.3 PROFESSIONAL PLAN
  • 2.4.4 BUSINESS PLAN
  • 2.4.5 ENTERPRISE PLAN

2.5 SAAS PRODUCT ADD-ONS

  • 2.5.1 ONBOARDING
  • 2.5.2 VIDEO SESSIONS
  • 2.5.3 EXPANSION
  • 2.5.4 TOOLS
  • 2.5.5 MARKETING
  • 2.5.6 BRANDING (Including White Label Product(s))
  • 2.5.7 SUPPORT

2.6 The SAAS Product Plans, except for the FREE Plan, operate on a subscription-based model, with options for both Monthly and Annual billing.

2.7 The SAAS Product Add-Ons are available for purchase in two different payment models - Subscription (Monthly and Annual), and One-Time Payment basis.

2.8 The latest version of the Plans and Add-Ons shall be made available to User(s) on the Plans and Pricing page and other pages in a phased, non-consistent, and non-linear manner over the Platform.

3. SAAS Product(s) Payment Process

3.1 All Plans and Add-ons can be purchased through the Plans page of the Website or the CRM panel.

3.2 All SAAS Product(s) on the Platform are sold as Software-as-a-Service (SaaS) and require User(s) to have a valid Account, membership subscription, and a valid advance purchase and payment.

3.3 The Platform accepts payments with various Debit/Credit Cards, including Visa, Mastercard, others; and other payment methods that may be made available. You can update your payment method, manage your subscription, upgrade, downgrade or cancel at any time by visiting the billing and/or plans page under your user Account.

3.4 The Plans available can be purchased or upgraded anytime by the Customer(s), and multiple add-ons can be combined with the Plan that the Customer has subscribed for.

3.5 Upon the Customer’s decision to move up from any existing plan to an upgraded plan, immediate access to all premium features is conferred, unlocking their utilization forthwith, after the purchase.

3.6 The Customer is granted unrestricted use of the premium features for the duration and limits as per the subscribed Plan and/or Add-On(s) that the Customer/User has purchased.

3.7 The platform assumes full accountability for the provision of all premium features stipulated in such SAAS Products, ensuring the Customer’s seamless and convenient utilization of said features.

3.8 The Platform shall issue invoices for transactions done for the purchase and renewal of SAAS Product(s), which will be mailed to the Account administrator’s email and can be accessed from the billing page under your Account.

3.9 Notwithstanding any modifications to plan prices, your purchase settings remain unaffected, as they will consistently renew at the same prices during subsequent renewal periods.

3.10 Free Trial: The Platform may offer free trial versions of various kinds for the SAAS Product(s) for the specified time period and/or usage limits. We do not request credit card information when signing up for the free trial. The free trial allows you to view, access and use a full or partial level of SAAS Product(s) and/or the SAAS Platform. You need to purchase and activate the SAAS Product(s) to be able to fully access and use such SAAS Product(s) beyond the trial period and/or such limits as being set by the Platform on such SAAS Product(s).

3.11 In case a Customer does not subscribe to any plan following the trial, an automatic transition occurs to the Free Plan, wherein the Customer can continue using features available in the Free Plan, but access to all features that were available in the Trial gets restricted.

3.12 The Company has the right to list the free tools or some free Products and/or Digital Services related to the Platform Services and the Platform on the Platform Website.

3.13 The Company has the right to issue the bonus codes and organize the discount campaigns from time to time.

3.14 Account cancellation policy: Once a Customer submits a request for cancellation, no additional charges will be made. However, no refunds are provided upon cancellation.

3.15 If the Customer(s) cancel before an upcoming renewal date, they will have access to such SAAS Product(s) through the remainder period towards the end of the then billing cycle, and/or the value of the remainder according to the limits set by the Platform, and the Platform shall not charge such Customer(s) any further unless repurchased or resubscribed by the Customer(s).

4. SAAS Product(s) Payment Terms

4.1 All SAAS Product(s) are made available for purchase on an advance charging basis and shall be made available for access and use by the Customer(s) for the period and/or as per the usage limits, post the receipt of full payment of such SAAS Product(s) bought by the Customer(s).

4.2 Customer(s) subscription will renew and/or get charged automatically before the start of the new subscription term or when customer limits exceed based on your Plan and/or Add-On(s), unless they opt-out from automatic renewal or cancel/downgrade such SAAS Product(s) they have subscribed for.

4.3 By purchasing any SAAS Product(s) with a Monthly/Annual Subscription Plan, Customer(s) agree to enroll in our automatic renewal service. This keeps their products up and running, automatically charging the then-current renewal fees to your payment method on file, with no further action on your part.

4.4 Cancellation of automatic renewal: Monthly or Annual subscriptions purchased will renew automatically at the end of the term. Customer(s) credit card, or any other payment method on file, shall be charged at the beginning of each subscription period and a renewal confirmation notice is sent to the account administrator’s email address. Notifications of upcoming renewals shall be sent to the account administrator’s email address three days before renewal. If you wish to turn off the automated renewal, you can do so any time from your online account from the billing page under your Account section.

4.5 When a Customer purchases an upgraded subscription-based Plan and/or Add-On(s), the Platform shall either charge a full fee for such SAAS Product(s) for the duration of the Plan/Add-On(s) and maintain it as a separate billing cycle, or shall club and charge according to the current billing cycle of the Customer, and charge according to the remainder period of his current cycle.

4.6 The Platform may at any time club all the Customer(s) subscription-based SAAS Product(s) in different billing cycles to one billing cycle, and all future payments shall then be attributed to such changed billing cycle.

4.7 The Platform shall make the charges for any subscribed SAAS Product(s) for the next term of the billing cycle, with or without any prior intimation to the Customer, unless such SAAS Product(s) has been explicitly canceled by the Customer at least 24 hours prior to such re-subscription charge based on its billing cycle.

5. Failed Renewal & Account Suspension

5.1 Failed renewal & account suspension: If the Customer(s) credit card on file is closed or expired, or if, for any reason, a charge is rejected, they will be requested to update their Billing Information and supply a new payment method to keep their SAAS Product(s) accessible. If a charge is rejected, Customer(s) access to the SAAS Product(s) will be suspended until they update their account information and the payment is successful. In such cases, the Company reserves the right to initiate further legal action as appropriate if any amount is due towards the Company.

Failed charges; Suspension. If the Customer’s credit card or bank account on file is closed, or the Account information is changed, or if, for any reason, a charge is rejected, such a Customer shall immediately update the Account or supply a new payment method, as appropriate.

  • If the Customer is unable to update the Account with appropriate information, then the Company will send an invoice to such a Customer detailing the amount due.
  • The Customer must pay the amount due in full within seven (7) days after the date of the invoice. The Customer agrees to notify the Company in writing of any changes to the Account information or termination of any authorization at least thirty (30) days prior to the immediately subsequent billing date.
  • In the event payment dates fall on a weekend or holiday, the Customer understands that the payments may be executed on the next Business Day. Unpaid amounts are subject to a late charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of such SAAS Product(s), Platform and Platform Services usage. The Company may, without liability to the Customer, disable the password, Account and access to all or part of the Platform and Platform Services if any fees owed are not paid within thirty (30) days after such fees first become due and payable under the Terms.
  • In the event of the foregoing, the Company shall not be obligated to provide any and/or all of the Platform Services until such fees are paid in full.
  • Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the Account since the failed credit card charge.
  • The Company reserves the right to initiate further legal action as appropriate if any amount shall remain due towards the Company.

6. Returns, Refunds, and Dispute Resolution

6.1 Once a purchase is made for any SAAS Product(s) on the platform, it will be considered final. No refunds will be entertained for these items.

6.2 If any SAAS Product(s) is no longer needed, Customer(s) can either downgrade from the current Plan/Add-On(s) or discontinue the renewal of such Plan and/or Add-On(s).

6.3 If Customer(s) encounter any disputes regarding their purchase, such as issues with features, availability, or usability, please reach out to our team at support@mevolife.com. We are committed to resolving your concerns, and you can expect a resolution within 24-48 hours.

7. Pricing & Taxes

7.1 All prices for Plans and Add-Ons displayed on the CMS and Website are exclusive of any applicable taxes.

7.2 Any applicable taxes based on Customer(s) place of purchase may be added to the final amount of their purchase.