Terms of Service

Last Updated: 25th November 2025

Effective Date: 25th November 2025

IMPORTANT LEGAL NOTICES

These Terms of Service ("Terms") constitute a legally binding agreement.

1. INTRODUCTION AND ACCEPTANCE

1.1 About Konkr

Konkr ("we," "us," "our," "Konkr") operates a digital loyalty platform designed to help fitness facilities ("Gym Partners") improve member retention through visit-based rewards and engagement tools (the "Service" or "Platform").

1.2 Agreement to Terms

By accessing or using the Konkr Platform, you ("you," "your," "User") agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1.3 Two Types of Users

These Terms apply to:

Gym Partners: Fitness facilities that subscribe to the Konkr Platform (B2B relationship)
Gym Members: Individual users who register to participate in loyalty programs (B2C relationship)

1.4 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email and/or platform notification at least 30 days before taking effect. Continued use of the Service after changes constitute acceptance of modified Terms.

2. DEFINITIONS

"Account" means the registered account created by a Gym Partner or Gym Member.

"Check-in" means the act of a Gym Member scanning a QR code at a participating gym facility to record their visit.

"Gym Partner" means a fitness facility that has subscribed to use the Konkr Platform.

"Gym Member" means an individual who has registered with Konkr to participate in a Gym Partner's loyalty program.

"Platform" or "Service" means the Konkr software platform, including web application, mobile interfaces, and related services.

"Points" means the virtual currency earned by Gym Members through Check-ins and other qualifying activities.

"Rewards" means the benefits, discounts, products, or services available for redemption using Points.

"Subscription" means a Gym Partner's paid access to the Konkr Platform.

3. GYM PARTNER TERMS (B2B)

3.1 Service Description

Konkr provides Gym Partners with:

Platform access for loyalty program management
QR code generation and check-in infrastructure
Member engagement analytics and reporting
Points and rewards administration tools
Customer support and technical assistance

3.2 Subscription and Payment

3.2.1 Subscription Plans

Gym Partners must select and maintain a paid subscription plan. Current pricing and plan details are available at [konkr.co.uk/pricing].

3.2.2 Payment Terms

Subscriptions are billed monthly in advance
Payment is due on the subscription start date and monthly thereafter
Accepted payment methods: credit card, direct debit, bank transfer
All fees are non-refundable except as required by law
Prices exclude VAT, which will be added where applicable

3.2.3 Price Changes

We may change subscription prices with 30 days' written notice. Price changes apply from the next billing cycle. Gym Partners may cancel before the price change takes effect.

3.2.4 Failed Payments If payment fails:

We will attempt to process payment up to 3 times
Service may be suspended after 7 days of non-payment
Account may be terminated after 30 days of non-payment
Gym Partner remains liable for all outstanding fees

3.3 Service Level and Availability

3.3.1 Uptime Target

We aim for 99% platform availability, calculated monthly, excluding scheduled maintenance.

3.3.2 Scheduled Maintenance

We may perform scheduled maintenance with 48 hours' notice when possible. Emergency maintenance may occur without notice.

3.3.3 No Guarantee

While we strive for continuous availability, we do not guarantee uninterrupted service. We are not liable for service interruptions unless caused by our gross negligence.

3.4 Gym Partner Responsibilities

3.4.1 Account Security

Gym Partners must:

Maintain confidentiality of login credentials
Notify us immediately of unauthorized access
Ensure only authorized personnel access the account
Be responsible for all activities under their account

3.4.2 Gym Member Relationships

Gym Partners are solely responsible for:

Their relationships with Gym Members
Gym facility operations and safety
Member injuries or disputes
Gym membership terms and cancellations
Compliance with all applicable fitness industry regulations

3.4.3 Accurate Information

Gym Partners must provide and maintain accurate facility information, including location, operating hours, and contact details.

3.4.4 QR Code Display

Gym Partners must prominently display Konkr QR codes at check-in locations and maintain equipment functionality.

3.5 Data and Privacy

3.5.1 Data Controller Relationship

Konkr acts as the data controller for Gym Member personal data collected through the Platform. Gym Partners do not process Gym Member data through Konkr and have no data controller obligations related to Konkr services.

3.5.2 Gym Partner Data

We collect and process Gym Partner business data (facility name, location, usage statistics) as necessary to provide the Service. This data is governed by our Privacy Policy.

3.5.3 Analytics and Reporting

Gym Partners receive aggregated, anonymized data about member engagement. Individual Gym Member personal data is not shared with Gym Partners without member consent.

3.6 Intellectual Property

3.6.1 Konkr IP

All rights, title, and interest in the Platform, including software, trademarks, logos, and content, remain our exclusive property. Gym Partners receive a limited, non-exclusive, non-transferable license to use the Platform during the subscription term.

3.6.2 Gym Partner IP

Gym Partners retain ownership of their trademarks, logos, and content. By using the Service, Gym Partners grant us a license to display their branding on the Platform and in marketing materials.

3.6.3 Feedback

Any suggestions, ideas, or feedback provided to us become our property, and we may use them without compensation or attribution.

3.7 Prohibited Uses

Gym Partners must not:

Reverse engineer, decompile, or disassemble the Platform
Use the Platform for any illegal purpose
Attempt to gain unauthorized access to the Platform or related systems
Interfere with or disrupt the Platform's operation
Resell or sublicense Platform access without written permission
Use the Platform to transmit malware or harmful code
Violate any applicable laws or regulations

3.8 Term and Termination

3.8.1 Subscription Term

Subscriptions continue on a month-to-month basis until terminated by either party.

3.8.2 Cancellation by Gym Partner

Gym Partners may cancel at any time with 30 days' written notice. No refunds for partial months. Access continues through the end of the paid period.

3.8.3 Termination by Konkr

We may terminate or suspend access immediately for:

Breach of these Terms
Non-payment after 30 days
Illegal activity or abuse of the Platform
Conduct that damages our reputation or business

3.8.4 Effect of Termination

Upon termination:

Platform access is revoked immediately
Gym Member accounts remain active but show facility as "inactive"
Outstanding fees become immediately due
Data export available for 30 days upon request
All licenses granted to Gym Partner terminate

4. GYM MEMBER TERMS (B2C)

4.1 Eligibility and Registration

4.1.1 Age Requirement

Gym Members must be at least 16 years old. Members under 18 require parental consent.

4.1.2 Accurate Information

Gym Members must provide accurate, current information during registration and maintain updated account details.

4.1.3 Account Security

Gym Members are responsible for maintaining the confidentiality of their account credentials and all activities under their account.

4.1.4 One Account Per Person

Each individual may maintain only one Gym Member account. Multiple accounts may be suspended or terminated.

4.2 Service Description

4.2.1 Free Service

The Konkr Platform is provided free to Gym Members. We reserve the right to introduce paid features in the future with advance notice.

4.2.2 Platform Features

Gym Members can:

Check in at participating gym facilities
Earn Points for qualifying activities
Track visit history and Points balance
Redeem Points for available Rewards
View participating gym locations

4.3 Points System

4.3.1 Earning Points

Gym Members earn Points by:

Checking in at participating gym facilities
Completing special challenges or promotions
Other qualifying activities as announced

4.3.2 Points Value

Points have no cash value and cannot be sold, transferred, or exchanged for cash. Points are promotional incentives only.

4.3.3 Points Expiration

Points may expire according to policies established by participating Gym Partners or Konkr. We will provide reasonable notice of any expiration policies.

4.3.4 Points Adjustments

We reserve the right to adjust Points balances if we detect fraud, abuse, technical errors, or Terms violations. We will notify members of material adjustments.

4.4 Rewards Redemption

4.4.1 Rewards Availability

Available Rewards vary by participating gym and may change at any time. Rewards are subject to availability and specific terms and conditions.

4.4.2 Redemption Process

Gym Members redeem Points through the Platform. Reward fulfillment is the responsibility of the reward provider (Gym Partner or third-party merchant).

4.4.3 No Guarantee

We do not guarantee availability of specific Rewards or the quality of third-party products/services. Disputes regarding Rewards should be directed to the reward provider.

4.4.4 Reward Expiration

Redeemed Rewards may have expiration dates or usage restrictions as specified at the time of redemption.

4.5 Check-in Requirements

4.5.1 Physical Presence Required

Gym Members must be physically present at a gym facility to check in. Check-ins must be legitimate visits for the purpose of exercising or using gym facilities.

4.5.2 One Check-in Per Visit

Members are limited to one check-in per visit. Multiple check-ins for a single visit constitute abuse of the system.

4.5.3 Check-in Limitations

We may impose reasonable limitations on check-in frequency (e.g., minimum time between check-ins) to prevent abuse.

4.6 Prohibited Conduct

Gym Members must not:

Provide false information during registration or use
Share account credentials or allow others to use their account
Abuse the check-in system (e.g., checking in without visiting the gym)
Attempt to manipulate Points balances or exploit system vulnerabilities
Create multiple accounts to gain unfair advantages
Use the Platform for any illegal purpose
Harass, abuse, or harm other users or gym staff
Attempt to interfere with Platform operations

4.7 Gym Facility Relationships

4.7.1 Independent Relationships

Gym Members' relationships with gym facilities are independent of Konkr. We are not a party to gym membership agreements or facility operations.

4.7.2 Gym Access

Konkr does not grant access to gym facilities. Members must have valid gym memberships or guest privileges independently arranged with gym facilities.

4.7.3 Facility Liability

Gym facilities, not Konkr, are responsible for facility safety, equipment, instruction, member injuries, and all aspects of gym operations.

4.8 Account Suspension and Termination

4.8.1 Voluntary Termination

Gym Members may delete their accounts at any time through account settings. Upon deletion:

Account access is immediately revoked
Personal data is deleted according to our Privacy Policy
Unused Points are forfeited
Pending Reward redemptions may be cancelled

4.8.2 Suspension or Termination by Konkr

We may suspend or terminate Gym Member accounts for:

Violation of these Terms
Fraudulent or abusive behavior
Multiple accounts or credential sharing
Conduct harmful to other users or Gym Partners
Illegal activities

4.8.3 Effect of Termination

Upon termination:

Platform access is revoked
All Points are forfeited
Pending Rewards may be cancelled
We are not liable for any losses resulting from termination for cause

5. GENERAL TERMS (APPLICABLE TO ALL USERS)

5.1 Privacy and Data Protection

5.1.1 Privacy Policy

Our collection, use, and protection of personal data is governed by our Privacy Policy, available at konkr.co.uk/privacy, which is incorporated into these Terms by reference.

5.1.2 GDPR Compliance

We comply with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. Users have rights regarding their personal data as described in our Privacy Policy.

5.1.3 Data Security

We implement reasonable technical and organizational measures to protect data, but cannot guarantee absolute security. Users are responsible for maintaining the security of their own account credentials.

5.2 Intellectual Property

5.2.1 Platform Ownership

All intellectual property rights in the Platform, including software, databases, text, graphics, logos, and trademarks, are owned by or licensed to Konkr.

5.2.2 Limited License

Subject to these Terms, we grant users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose.

5.2.3 Restrictions

Users may not:

Copy, modify, or create derivative works from the Platform
Reverse engineer or attempt to extract source code
Remove or alter intellectual property notices
Use our trademarks without written permission

5.2.4 User Content

Users retain ownership of content they upload (e.g., profile photos). By uploading content, users grant us a license to use, display, and distribute such content as necessary to provide the Service.

5.3 Disclaimers and Limitation of Liability

5.3.1 Service "As Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.3.2 No Fitness or Medical Advice

KONKR DOES NOT PROVIDE FITNESS TRAINING, MEDICAL ADVICE, OR HEALTH SERVICES. THE PLATFORM IS A LOYALTY AND ENGAGEMENT TOOL ONLY. USERS SHOULD CONSULT QUALIFIED PROFESSIONALS BEFORE BEGINNING ANY FITNESS PROGRAM.

5.3.3 Third-Party Content

We are not responsible for third-party content, links, products, services, or the conduct of Gym Partners, merchants, or other users.

5.3.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) KONKR'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED:

For Gym Partners: Fees paid in the 12 months preceding the claim
For Gym Members: £100

(b) WE ARE NOT LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Lost profits, data, opportunities, or goodwill
Service interruptions or data loss
Third-party actions or content
User errors or misuse of the Platform

(c) SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

5.4 Indemnification

5.4.1 User Indemnification

Users agree to indemnify, defend, and hold harmless Konkr, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

User's breach of these Terms
User's violation of any law or third-party rights
User's use of the Platform
User content or conduct

5.4.2 Process

We will notify users of any claims subject to indemnification and may participate in defense at our expense. Users may not settle claims without our written consent.

5.5 Dispute Resolution

5.5.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

5.5.2 Jurisdiction

For Gym Partners (B2B disputes):

Parties submit to the exclusive jurisdiction of the courts of England and Wales

For Gym Members (B2C disputes):

Gym Members may bring proceedings in the courts of England and Wales or their country of residence
We may bring proceedings only in Gym Member's country of residence

5.5.3 Informal Resolution

Before initiating formal proceedings, parties agree to attempt informal resolution by contacting our support team at support@konkr.co.uk.

5.5.4 Alternative Dispute Resolution

Gym Members (consumers) may use Online Dispute Resolution platform: ec.europa.eu/consumers/odr

5.6 Force Majeure

We are not liable for failure to perform obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, telecommunications failures, or internet service failures.

5.7 Severability

If any provision of these Terms is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

5.8 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

5.9 Assignment

Users may not assign or transfer these Terms or their rights hereunder without our written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets with 30 days' notice.

5.10 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between users and Konkr regarding the Platform and supersede all prior agreements and understandings.

5.11 Survival

Provisions that by their nature should survive termination (including ownership, warranty disclaimers, indemnification, and limitations of liability) shall survive termination of these Terms or user accounts.

6. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms:

Konkr
Email: hello@konkr.co.uk
Website: konkr.co.uk
Address: 5 Bazley Road, Lytham St Annes, Lancashire, FY8 1AJ
Company Number: 13013323

7. ACKNOWLEDGMENT

BY USING THE KONKR PLATFORM, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms
You agree to be bound by these Terms
You have the legal capacity to enter into this agreement
If accepting on behalf of an organization, you have authority to bind that organization