1. Acceptance of Terms of Service
This document and the other documents that we reference below make up our Terms of Service (“Terms”).
The Terms are a legally binding contract between you and Gymwisely, Inc. Gymwisely, Inc. is the legal name of Achiaro.com. In this document GymWisely, Inc. will be referred to as “Achiaro”.
This contract sets out your (and our) rights and responsibilities when you use Achiaro.com, our “Services”. By registering as a seller on Achiaro, a “Loyalty Provider” or as a buyer, a “Subscriber”, you agree to the Terms.
2. Privacy Policy
Achiaro collects information that you provide through registration and via other forms, emails, and direct communication. Any information collected will be used to provide for a better experience on Achiaro. We never sell, trade, or share your information with any non-affiliated parties. We do, however, share Subscriber information with any Loyalty Provider that Subscriber is affiliated with and vice versa. We may also from time to time, collect information on our Loyalty Providers subscribers in order to validate memberships and subscriptions however we do not directly market Loyalty Provider members that are not affiliated with Achiaro without explicit permission, nor do we sell, trade or share Subscriber or Loyalty Provider member details with other Loyalty Providers or non-affiliated third parties.
Automated Information: Achiaro automatically receives and records information from your browser or your mobile device when you visit the Site, use the Apps, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Achiaro may also receive similar information provided by a connected Internet of Things device such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.
3. Loyalty Provider Responsibilities
Pricing and terms: Loyalty Providers are responsible for maintaining the pricing and terms on their offered loyalty plans. Loyalty Providers will use best efforts to keep loyalty plan prices below the pricing offered to the broader market on their website and apps and adjust them as needed for special events, Holidays, etc..
Information: Loyalty Providers will provide the necessary information needed to verify that Achiaro members are or are not subscribers to their services. Loyalty Providers will also provide Achiaro with subscriber registration information so that they can be easily added to the Achiaro platform when they want to make purchases. Achiaro never contacts Loaylty Members that are not dual members of Achiaro without explicit consent for joint marketing purposes.
Content: Loyalty Providers agree not to post adult or hateful content. Any content deemed inappropriate will be promptly removed.
Coupon Codes: Loyalty Providers will maintain enough free access coupon codes under each plan on the Achiaro plan to allow for continued purchasing. If coupon codes run low, Achiaro will send reminder emails to update your codes. If we cannot sell your plans due to lack of codes, everyone loses. Do your best to keep plenty of codes stocked.
Marketing: Achiaro offers tons of unique, free marketing opportunities to drive new members and to encourage retention of existing members. Loyalty Providers are encouraged to utilize as many free marketing campaigns as they can but must participate in at least one of each per month. Loyalty Providers that do not participate in marketing will have their plans hidden (after multiple warnings). Plans will become available for purchase again once you have joined one of our marketing promotions. Free, internal, marketing is what makes Achiaro so awesome and active participation leads to more revenue and better experiences for everyone. The more (free) marketing you do, the more marketed your plans will be.
Permissions: If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
Relationship: These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Achiaro.
Beta Term: During Beta, Loyalty Provider agrees to remain an Achiaro Loyalty Provider for a minimum of 12 months from the Registration Date to allow the platform and your revenue / memberships / retention time to grow.
4. Subscriber Responsibilities
True and Accurate Information: Subscribers are expected to provide true and accurate information on all forms and profiles.
Payments: Subscribers should keep their current methods up to date. Any disputed payment should be communicated to Achiaro immediately via the contact us menu item.
You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity.
Relationship: These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Achiaro.
5. Achiaro responsibilities
Platform: To provide an amazing loyalty rewards platform connecting Subscribers to Loyalty Providers plans seamlessly. Achiaro will continue to build new features that make it easier to offer customized pricing and terms to Subscribers based on how much they spend elsewhere and retain their members with easy to use Loyalty Rewards.
New Features: Achiaro will use its best efforts to honor popular requests for new features.
Marketing: Achiaro will offer free marketing collateral, campaigns, and strategies to use on and off of the platform to grow revenues for all Loyalty Providers.
Payments: Achiaro will process payments in a timeline manner and work to correct any discrepancies as quickly as possible. See Payments Section for more details.
Expansion: Achiaro will continue to expand its Loyalty Providers, Members and Advertising / Marketing partners to make the platform more and more rewarding for all parties.
Reporting: Achiaro provides a list of your new Subscribers available in real time via your dashboard. Achiaro also provides analytics that will show the kind of people looking at your loyalty plans, the kinds of subscriptions your current subscribers are looking at and information on how your plans are doing vs. the broader market as well as your industry.
6. Payment Processing
Subscribers purchase recurring subscriptions to Loyalty Provider services through a third-party solution (Stripe). All payments are collected into an Achiaro bank account and disbursed to Loyalty Providers once per month via ACH transfer.
Fees: Achiaro deducts payment processing fees and our revenue share fee from all subscriptions and remits the remainder to our Loyalty Providers. Loyalty Providers receive monthly reports from Achiaro showing all fees and expenses as well as new Subscribers and cancelations.
Why do we collect all payments? Consumers purchase subscriptions from multiple providers at the same time. To simplify the process for the consumer Achiaro combines everything into one single purchase and one single monthly payment for all the subscribers’ digital subscriptions. Simplicity of payment is key to providing a quality service to our subscribers.
7. Fees
Credit Card Processing: Roughly 2.9% per transaction +.35 cents. Fees are typically lower because subscribers process multiple payments at once.
Revenue Share Fees: Our revenue shares are locked in at the rate that you signed up at. Currently, our revenue share rates are:
Starter: 25%
Premium: 20%
Beta: 15%
Rates are subject to change. You can change your plan anytime.
Service Fee: Some plans come with monthly service fees, fees you pay for use of the platform and additional features. Currently, our revenue share rates are:
Starter: $0 per month
Premium: $99 per month
Beta: $0 per month
Rates are subject to change. You can change your plan anytime.
Taxes: Achiaro collects, and remits U.S. state sales taxes as needed. Achiaro is currently set up only for U.S. sales but will incorporate global sales soon.
8. Use of Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
Don’t Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s).
You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Achiaro Intellectual Property and Seller Content) without our express permission.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Achiaro (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
From time to time, Achiaro will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
9. Termination
Termination By You. We'd hate to see you go, but you may terminate your account with Achiaro through your Subscriber or Loyalty Provider dashboard.
As a subscriber, you can cancel any individual loyalty plan purchases at any time and the canceled service will end on the date that your subscription is set to renew.
As a Loyalty Provider, you can simply pause or remove your Loyalty Plans from appearing at anytime you like If you pause, rather than cancel, you can turn them back on in the future.
Termination By Achiaro. We may terminate or suspend your account (and any accounts Achiaro determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, Achiaro will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Achiaro terminate your account, you may lose any information associated with your account, including Your Content.
Achiaro reserves the right to change, suspend, or discontinue any of the Services for you, any, or all users, at any time, for any reason, including those laid out in Achiuaro’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
10. Provider Information: Provider is responsible for providing accurate plan details, coupon codes and access logins for Achiaro members. Failure to collect funds because of inaccurate information, pricing, coupon codes, login access etc. will be the sole responsibility of the provider. It is the responsible of the Provider to ensure that the coupons codes provide access to the correct plans, that the prices set are accurate and that the login access provider works as intended.
11. Warranties and Limitations of Liabilities
Parties. Each party represents and warrants to the other that (a) it has the full power to enter into this Agreement and to perform its obligations hereunder, (b) this Agreement constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms, and (c) this Agreement does not contravene, violate or conflict with any other agreement of such party.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Achiaro is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. Third parties may require you to accept their own terms of use. Achiaro is not a party to those agreements; they are solely between you and the third party.
Severability. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, illegal, against public policy or is otherwise unenforceable, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
5.4 Assignment. Either party shall have the right to assign this Agreement provided that such party provides prior written notice of such assignment to the other party.
Gift Cards and Promotions. You acknowledge that Achiaro does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties: Achiaro is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. you understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability limits. To the fullest extent permitted by law, neither Achiaro, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall Achiaro’s Achiaro’s aggregate liability for any damages exceed the greater of one hundred ($100) us dollars (usd) or the amount you paid Achiaro in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you
12. Indemnification
We hope this never happens, but if Achiaro gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Achiaro (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
13. Disputes with Achiaro Users
If you find yourself in a dispute with another user of Achiaro’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Achiaro will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Achiaro has no obligation to resolve any disputes.
14. Disputes with Achiaro
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Arbitration. You and Achiaro agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
For EU sellers, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute through the complaints procedure published here. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Achiaro are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitration shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Costs of Arbitration. Payment for all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, Achiaro will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation. Forum. We’re based in New York, so any legal action against Achiaro related to our Services must be filed and take place in New York County, New York. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in New York, New York, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Achiaro agree to submit to the personal jurisdiction of a state or federal court located in New York County, New York. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York. Modifications. If we make any changes to this “Disputes with Achiaro” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Achiaro prior to the date the changes became effective. Achiaro will notify you of substantive changes to the “Disputes with Achiaro” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Achiaro a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Achiaro in accordance with the provisions of this “Disputes with Achiaro” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
Changes to the Terms: We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Confidentiality: If any party should be made aware of non-public, confidential information information, the receiving party will not disclose this information to any third party.
The Terms, including all the policies that make up the Terms, supersede any other agreement between you and Achiaro regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
15. Contact Information: If you have any questions about the Terms, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it..