Privacy Policy & Terms of Service

These terms explain how Ultimate Software Solutions provides its software services and how we collect, use, protect, and manage information when you use our websites, applications, platforms, and related services.

Last updated: May 31, 2026

Important: This document is intended as a practical website/app policy template for Ultimate Software Solutions. Please have it reviewed by a qualified legal professional before publishing, especially if your product handles payments, health data, children’s data, international users, or regulated business information.
Contents
  1. Terms of Service
  2. Privacy Policy
  3. Health, Fitness, and Device Data
  4. User Uploaded Media
  5. Contact

Terms of Service

1. Definitions

In these Terms of Service, unless the context requires otherwise:

  1. “Company”, “we”, “us”, or “our” means Ultimate Software Solutions and its authorized representatives.
  2. “Services” means our websites, mobile applications, software platforms, dashboards, APIs, tools, support services, and related features made available by us.
  3. “User”, “you”, or “your” means any person or entity accessing or using the Services, including business customers, administrators, staff, trainers, end users, customers, or visitors.
  4. “Account” means an account created to access the Services.
  5. “Content” means data, text, images, videos, files, documents, posts, messages, business records, health or fitness information, or other material uploaded, submitted, stored, displayed, or processed through the Services.
  6. “User Content” means Content provided by you or your authorized users.
  7. “Subscription Plan” means a paid, free, trial, or customized access plan provided by us.

2. Acceptance of Terms

  1. By accessing or using the Services, creating an Account, clicking an acceptance button, or continuing to use the Services, you agree to these Terms of Service and our Privacy Policy.
  2. You represent that you are at least 18 years old and have the authority to accept these Terms on your own behalf or on behalf of the business or organization you represent.
  3. If you do not agree to these Terms, you must not access or use the Services.
  4. We may update these Terms from time to time. The updated version will be posted on this page. Continued use of the Services after an update means you accept the revised Terms.

3. Account Registration and Security

  1. You agree to provide accurate, complete, and current information when creating or using an Account.
  2. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account.
  3. You must immediately notify us of any suspected unauthorized access, misuse, security incident, or breach of your Account.
  4. You must not share login credentials except with authorized users permitted under your Subscription Plan or written agreement with us.
  5. We may suspend or restrict access where we reasonably believe an Account has been compromised, used unlawfully, or used in violation of these Terms.

4. License to Use the Services

  1. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for lawful business or personal purposes.
  2. No ownership rights are transferred to you. All rights, title, and interest in the Services, software, designs, trademarks, logos, workflows, source code, documentation, and related intellectual property remain with Ultimate Software Solutions or its licensors.
  3. You may not copy, modify, reverse engineer, decompile, disassemble, scrape, resell, lease, sublicense, or create derivative works from the Services except where expressly permitted by law or by written agreement.

5. Acceptable Use

You agree that you will not:

  1. Use the Services for any unlawful, fraudulent, harmful, abusive, defamatory, obscene, or misleading purpose.
  2. Upload or transmit viruses, malware, harmful code, or content designed to interrupt, damage, or limit the functionality of the Services.
  3. Attempt to gain unauthorized access to any account, server, database, system, or network connected to the Services.
  4. Use bots, crawlers, scrapers, or automated tools to access, copy, extract, or harvest data from the Services without written permission.
  5. Violate the privacy, intellectual property, contractual, publicity, or other rights of any person or entity.
  6. Misrepresent your identity, impersonate another person, or falsely claim affiliation with any organization.
  7. Interfere with the normal operation, security, or performance of the Services.

6. User Content

  1. You retain ownership of your User Content, subject to the rights granted below.
  2. You grant us a limited, worldwide, royalty-free license to host, store, process, reproduce, display, transmit, and use User Content only as necessary to provide, secure, support, improve, and operate the Services.
  3. You represent that you have all rights, permissions, and consents required to upload and process User Content through the Services.
  4. We may remove or restrict User Content if we reasonably believe it violates these Terms, applicable law, third-party rights, or platform safety requirements.
  5. You are responsible for maintaining your own backup of important User Content. Although we may maintain backups for operational purposes, we do not guarantee recovery of deleted, corrupted, or lost Content.

7. Payments, Fees, and Taxes

  1. Fees for paid Services will be charged according to the applicable Subscription Plan, proposal, order form, invoice, or written agreement.
  2. Unless otherwise stated, fees are payable in advance and are non-refundable, except where required by applicable law or expressly agreed in writing.
  3. You authorize us and our payment service providers to process payment information as required for billing, subscription renewals, transaction processing, refunds, and fraud prevention.
  4. You are responsible for applicable taxes, duties, charges, currency conversion charges, bank charges, and payment gateway charges, unless otherwise stated.
  5. If payment is delayed or fails, we may suspend, downgrade, restrict, or terminate access to the Services after reasonable notice, where practical.
  6. We may change pricing or plans by providing reasonable notice. Continued use after the applicable billing cycle means you accept the revised pricing.

8. Third-Party Services

  1. The Services may integrate with third-party platforms such as payment gateways, hosting providers, analytics tools, communication providers, Apple HealthKit, Google Fit, Google APIs, or other business tools.
  2. Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services, interruptions, errors, data handling, or security practices outside our reasonable control.
  3. You authorize us to share information with third parties only as reasonably necessary to provide the Services, process payments, provide integrations, comply with law, or fulfill your instructions.

9. Service Availability, Updates, and Support

  1. We aim to provide reliable Services but do not guarantee uninterrupted, error-free, or always-available access.
  2. The Services may be unavailable due to maintenance, upgrades, emergencies, network issues, third-party failures, security events, or events beyond our reasonable control.
  3. We may update, modify, improve, discontinue, or remove features from time to time. Some updates may require acceptance of additional terms.
  4. Support availability, response times, and service levels may depend on your Subscription Plan or written agreement.

10. Fitness, Health, and Professional Advice Disclaimer

  1. Where the Services include fitness, nutrition, wellness, coaching, workout, activity tracking, or similar features, such information is provided for general informational and operational purposes only.
  2. The Services do not provide medical advice, diagnosis, treatment, or emergency services.
  3. You should consult a qualified physician or healthcare professional before starting, changing, or stopping any exercise, diet, medical, or wellness program.
  4. Participation in exercise, diet, or wellness programs can involve risk of injury. You use such features at your own risk.
  5. In case of a medical emergency or urgent health concern, stop using the Services and contact emergency services, a physician, or the nearest hospital immediately.

11. Intellectual Property and Feedback

  1. All intellectual property in the Services belongs to Ultimate Software Solutions or its licensors.
  2. If you provide suggestions, ideas, feature requests, improvements, feedback, bug reports, or recommendations, you grant us the right to use them without restriction or compensation, unless otherwise agreed in writing.
  3. You must not use our name, logo, trademarks, branding, or marketing materials without our written permission.

12. Suspension and Termination

  1. You may stop using the Services at any time. Account cancellation may be subject to your Subscription Plan, order form, or written agreement.
  2. We may suspend or terminate access if you violate these Terms, fail to pay fees, create legal risk, misuse the Services, compromise security, or if required by law.
  3. Upon termination, your right to use the Services will cease. We may delete or archive User Content in accordance with our retention practices and applicable law.
  4. Terms that by their nature should survive termination will survive, including payment obligations, intellectual property rights, disclaimers, limitation of liability, indemnity, governing law, and dispute provisions.

13. Warranty Disclaimer

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Ultimate Software Solutions disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, uninterrupted operation, compatibility, title, and non-infringement. We do not warrant that the Services will meet your requirements or be free from errors, bugs, vulnerabilities, interruptions, or data loss.

14. Limitation of Liability

  1. To the fullest extent permitted by law, Ultimate Software Solutions and its officers, directors, employees, contractors, agents, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, goodwill, data, business, or customers.
  2. Our total aggregate liability for claims relating to these Terms or the Services will not exceed the lesser of INR 10,000 or the amount actually paid by you to us for the Services during the three months immediately before the event giving rise to the claim.
  3. Any claim relating to these Terms or the Services must be brought within twelve months from the date the cause of action first arose, unless a longer period is required by applicable law.

15. Indemnity

You agree to defend, indemnify, and hold harmless Ultimate Software Solutions, its officers, directors, employees, contractors, agents, and affiliates from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or related to your use of the Services, your User Content, your violation of these Terms, your violation of law, or your infringement of any third-party rights.

16. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms as part of a merger, acquisition, corporate restructuring, sale of assets, or by operation of law.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of India and the applicable laws of Maharashtra, without regard to conflict of law principles. Subject to applicable law, courts located in Mumbai, Maharashtra, India will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Services.

18. General Terms

  1. These Terms, together with the Privacy Policy and any applicable written agreement, constitute the entire agreement between you and us regarding the Services.
  2. If any provision is found invalid or unenforceable, the remaining provisions will remain in full force.
  3. Our failure to enforce any provision is not a waiver of that provision.
  4. No partnership, employment, agency, joint venture, or franchise relationship is created by these Terms.

Privacy Policy

1. Overview

Ultimate Software Solutions respects your privacy. This Privacy Policy explains what information we collect, how we use it, when we share it, how we protect it, and what choices you have. This policy applies to our websites, apps, software dashboards, APIs, support channels, and related services.

2. Information We Collect

Depending on how you use the Services, we may collect the following categories of information:

  1. Account information: name, business name, email address, phone number, username, password credentials, role, and profile details.
  2. Business and service information: customer records, staff records, membership details, bookings, attendance, plans, documents, notes, invoices, and operational data entered into the Services.
  3. Payment and billing information: invoice details, transaction details, subscription details, tax information, payment status, and limited payment method information processed through payment providers.
  4. Device and usage information: IP address, browser type, device identifiers, operating system, app version, pages visited, features used, logs, diagnostics, crash reports, and approximate location derived from IP address.
  5. Communications: messages, support requests, feedback, call notes, emails, and other communications with us.
  6. User Content: images, videos, documents, posts, health or fitness data, and other files voluntarily uploaded or synced by you.
  7. Cookies and tracking data: cookies, pixels, tags, and similar technologies used for security, analytics, preferences, performance, and marketing where permitted by law.

3. How We Use Information

We use information for the following purposes:

  1. To create, manage, secure, and authenticate Accounts.
  2. To provide, operate, maintain, personalize, and improve the Services.
  3. To process subscriptions, payments, invoices, refunds, and related transactions.
  4. To provide customer support, respond to inquiries, and resolve issues.
  5. To send service communications, security alerts, product updates, billing notices, and administrative messages.
  6. To send marketing communications where permitted, with an option to opt out.
  7. To monitor performance, diagnose technical issues, analyze usage, and improve features.
  8. To prevent fraud, misuse, unauthorized access, security incidents, or illegal activity.
  9. To comply with applicable laws, legal processes, tax obligations, regulatory requirements, and enforceable requests from authorities.
  10. To enforce our Terms, protect rights, resolve disputes, and defend legal claims.
  11. To create aggregated, anonymized, or de-identified information that does not reasonably identify you.

4. Legal Bases and Consent

Where applicable law requires a legal basis, we process personal information based on one or more of the following: performance of a contract, consent, legitimate interests, compliance with legal obligations, protection of vital interests, or your instructions as a customer or authorized user. You may withdraw consent where processing is based on consent, but this may affect access to certain features.

5. Disclosure of Information

We may share information with:

  1. Authorized users: administrators, staff, trainers, coaches, customers, or other users according to account settings, roles, permissions, and product functionality.
  2. Service providers: hosting providers, cloud storage providers, analytics providers, payment processors, communication vendors, support tools, security providers, and development or maintenance partners.
  3. Integrated third-party services: services you choose to connect, such as payment gateways, Apple HealthKit, Google Fit, Google APIs, or other business applications.
  4. Legal and safety recipients: courts, regulators, law enforcement, government authorities, or other parties where required by law or necessary to protect rights, safety, and security.
  5. Business transfer recipients: parties involved in a merger, acquisition, financing, restructuring, sale of assets, or similar business transaction.

We do not sell your personal information in the ordinary meaning of selling personal data for money. We do not use HealthKit or Google Fit data for advertising, marketing, or tracking purposes.

6. International Transfers

Your information may be stored or processed in India or other countries where we or our service providers operate. Where information is transferred internationally, we take reasonable steps designed to protect it in accordance with this Privacy Policy and applicable law.

7. Data Retention

We retain personal information for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, enforce agreements, maintain business records, prevent fraud, and fulfill the purposes described in this Privacy Policy. When information is no longer required, we will delete, anonymize, archive, or securely restrict it according to our retention practices and applicable law.

8. Security

We use reasonable technical, organizational, and administrative safeguards designed to protect information from unauthorized access, misuse, loss, alteration, disclosure, or destruction. However, no method of transmission or storage is completely secure. You are responsible for keeping your login credentials confidential and for using strong passwords and appropriate device security.

If you forget your password, we will use a secure password reset process where available. We do not recommend sending or storing plain-text passwords.

9. Your Rights and Choices

Subject to applicable law, you may have rights to access, correct, update, delete, restrict, object to, or receive a copy of your personal information. You may also withdraw consent where processing is based on consent. To make a request, contact us using the details below. We may need to verify your identity before responding.

10. Marketing Choices

You may opt out of marketing emails by using the unsubscribe link in the email or contacting us. Even if you opt out of marketing, we may still send service-related, transactional, security, billing, or administrative messages.

11. Cookies and Similar Technologies

We may use cookies, pixels, tags, local storage, and similar technologies to keep you signed in, remember preferences, improve performance, measure usage, prevent fraud, secure the Services, and deliver relevant content. You can control cookies through browser settings, but disabling cookies may affect functionality.

12. Children’s Privacy

The Services are not directed to children under 18 years of age unless provided through a customer organization with appropriate parental or guardian consent where required. We do not knowingly collect personal information from children under 18 without proper authorization. If you believe a child has provided personal information without required consent, please contact us and we will take appropriate steps.

13. Location Information

We may collect approximate location information from IP address, device settings, or user input for security, analytics, fraud prevention, localization, service availability, and business purposes. We do not collect precise device location unless required for a feature and permitted by you.

14. Aggregated and Anonymized Data

We may create aggregated, anonymized, or de-identified data from information processed through the Services. This data does not reasonably identify you and may be used for analytics, service improvement, reporting, research, and business purposes.

15. Health, Fitness, Apple HealthKit, and Google Fit Data

  1. Where our customer app or related Services provide optional fitness tracking features, you may choose to connect Apple HealthKit on iOS or Google Fit on Android.
  2. Access is used only for reading or syncing permitted fitness data, such as step count, where you have granted permission.
  3. We do not write data to Apple HealthKit or Google Fit unless a specific feature clearly requires it and you provide permission.
  4. Step count or similar fitness data may be visible to your assigned coach, trainer, administrator, or authorized service provider according to the app functionality and your account relationship.
  5. HealthKit and Google Fit data is not used for advertising, marketing, or user tracking.
  6. You may revoke Apple HealthKit or Google Fit access at any time through your device settings, Apple Health app, Google settings, or app permissions. Revoking access may disable related features.
  7. We handle Apple HealthKit data in accordance with Apple’s HealthKit requirements and Google Fit data in accordance with applicable Google Fit requirements.

16. User Uploaded Media

  1. Uploading media such as images, videos, profile photos, meal photos, progress photos, documents, and community posts is generally voluntary unless required for a specific feature.
  2. Profile images may be visible to authorized users such as administrators, trainers, coaches, staff, or other users according to product settings.
  3. Meal, diet, progress, or assessment images may be visible to assigned trainers, coaches, administrators, or authorized users to provide services.
  4. Community posts or public posts may be visible to other users if submitted to a public or community feature and approved or published according to product functionality.
  5. We may process uploaded media to provide the Services, improve user experience, support coaching, maintain safety, moderate content, and comply with law.
  6. You must not upload media that infringes rights, violates privacy, contains unlawful content, or includes sensitive personal information of others without proper consent.

17. Data Breach Notification

If we become aware of a security incident involving personal information, we will take reasonable steps to investigate, mitigate, and notify affected users and/or authorities where required by applicable law.

18. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The updated version will be posted on this page with a revised “Last updated” date. Continued use of the Services after changes are posted means you accept the updated Privacy Policy where permitted by law.

19. Governance

This Privacy Policy is governed by the laws of India and applicable laws of Maharashtra. Subject to applicable law, courts located in Mumbai, Maharashtra, India will have exclusive jurisdiction over disputes relating to this Privacy Policy or your use of the Services.

Contact Ultimate Software Solutions

If you have questions, complaints, requests, or comments about these Terms, this Privacy Policy, your personal information, or the Services, please contact us at:

Ultimate Software Solutions
Website: https://crm.proultimategyms.in/
Privacy / Data Protection Contact: support@proultimate.com

© 2026 Ultimate Software Solutions. All rights reserved. Privacy Policy & Terms of Service.