Expert Terms

Version 2026-08-draft · Last updated 2 August 2026 · Effective [TO CONFIRM: effective date — set at launch]

The terms that apply if you list and sell sessions on Open Gym. You are an independent business selling directly to your customers; we provide the marketplace, take payment, and keep a commission.

1. Scope

These Expert Terms apply to you when you publish activities on Open Gym, the Platform operated by Nomo Consulting Kft. ("Nomo", "we", "us"); where these terms say "Open Gym", they mean Nomo acting as operator of the Platform. They sit on top of our Terms of Service, which also apply to you; where the two conflict on a matter concerning your activity as an Expert, these Expert Terms prevail. Our Privacy Policy and Acceptable Use Policy apply to you as well.

Open Gym is an online intermediation service within the meaning of Regulation (EU) 2019/1150 on fairness and transparency for business users of online intermediation services ("P2B Regulation"). Sections 10 through 15 contain the disclosures that regulation requires.

2. Your status

You are an independent business. You are not our employee, agent, partner, or franchisee, and nothing in these terms creates an employment relationship or a joint venture. You decide what you teach, when and where you teach it, how you price it, and whether to accept any particular booking.

You are the service provider and the contracting party towards the Customer. Open Gym concludes the sale and collects payment on your behalf as a limited commercial agent, but is not a party to your contract with the Customer and does not deliver your sessions.

You are responsible for holding any licences, permits, venue permissions, and professional registrations that your activity requires, and for complying with the law where you teach.

3. Becoming an Expert

Anyone with an account can build an activity in draft. To publish one you must:

  • complete Stripe Connect onboarding, including Stripe's identity and tax verification, so that your account can accept charges; and
  • attest that you hold liability insurance covering the activities you intend to run (section 6).

We rely on these two checks and do not independently verify your qualifications, certifications, or the accuracy of your attestation. Publishing an activity does not mean Open Gym has vetted or endorsed you.

4. Your listings

Your listing must accurately describe the session — what it is, the level it suits, duration, location, capacity, what participants need to bring, and any age or health restriction. You must keep your calendar accurate and honour published availability.

You set your own prices. A paid session must be at least 1 000 HUF; you may also list free sessions. You enter a single gross amount — the Platform does not separate net price from VAT, so the figure you enter must already be the total the Customer pays for the place, inclusive of any VAT you are liable for.

You must own or have the right to use every image and description you upload, including the consent of anyone identifiable in a photograph. You grant us the licence described in section 10 of the Terms of Service to display and promote your listings.

You may create discount codes for your own activities. You are responsible for the codes you issue and their conditions.

5. Running your sessions

  • Deliver the session as advertised — content, duration, location, and capacity.
  • Run it safely: check for injuries and conditions before starting, adapt for beginners, and stop anything unsafe.
  • Admit any holder of a valid voucher for that session, whoever bought it.
  • Mark attendance honestly. Tickets become "attended" automatically 24 hours after a session ends; you have that window to correct a no-show.
  • Do not take payment for Open Gym bookings outside the Platform, and do not solicit Customers you met through Open Gym to book off-platform in order to avoid commission.
  • Do not discriminate against participants on any ground protected by law, and do not retaliate against a Customer for leaving an honest review.

If you must cancel a session, do it as early as you can through the dashboard. Every ticket holder is then refunded in full automatically, and we notify them. Repeated late cancellation is a ground for restriction under section 12.

6. Insurance & qualifications

Open Gym does not insure you, your participants, or your sessions. You must hold and maintain your own liability insurance appropriate to the activities you run, for as long as you list on the Platform, and provide evidence of it on request. You must also hold any professional qualification legally required for what you teach.

Your attestation at onboarding is a contractual representation. If it stops being true you must unpublish your activities and tell us immediately.

7. Commission & payouts

Open Gym charges a commission of 15% of the session price on each sale, so you receive 85%. Founding Experts receive a reduced commission of 10%, so they receive 90%. Your applicable rate is shown in your dashboard and is fixed to each order at the moment of sale — a later rate change never affects orders already placed.

The service fee paid by the Customer (250 HUF per order) is separate from your commission and is never deducted from your share.

Where a discount code is applied, commission is calculated on the discounted price, so the cost of a discount you offer is shared proportionally.

How you get paid. Payments are processed through Stripe Connect. Funds for each sale settle onto your own Stripe account, net of commission, when the payment succeeds. Stripe then pays out to your bank account on the payout schedule configured on your Stripe account — Open Gym does not hold your money and does not control payout timing. You can see and change that schedule in Stripe.

Stripe may charge its own fees and may hold or reserve funds under its own terms. Your relationship with Stripe is governed by the Stripe Connected Account Agreement, which you accept during onboarding.

8. Cancellations & refunds

You set the cancellation deadline for each activity. The rules that follow from it are applied automatically and are not negotiable per booking:

  • Customer cancels before the deadline — full refund of the session price to the Customer. You are not paid for that place, and we refund our commission too.
  • Customer cancels after the deadline — no refund; you keep your share.
  • A place released after the deadline is resold — the original Customer's payment is retained by Open Gym. You are paid once, under the second sale, not twice for the same place.
  • You cancel — every ticket holder is refunded in full, funded from your share of that sale.

Recovery of refunds and chargebacks. Because funds settle on your Stripe account immediately, a refund or chargeback that arises after payout may leave an insufficient balance there. You authorise us to recover the refunded amount by deducting it from your Stripe balance or from your future sales, and you agree to repay any shortfall that cannot be recovered that way. We will tell you what we are recovering and why.

9. Tax & invoicing

You are responsible for your own taxes — income tax, social contributions, and VAT where applicable — and for issuing any invoice or receipt your customers or the tax authority require from you. Open Gym does not issue invoices on your behalf for the session price; we invoice you for our commission.

We may be required to report information about you and your earnings to tax authorities under Council Directive (EU) 2021/514 ("DAC7"), which obliges platform operators to collect and report seller data. Where that applies, you must give us the information we need, and we will tell you what has been reported about you.

10. How we rank listings

The P2B Regulation requires us to explain the main parameters determining where your listings appear and their relative importance. Ranking on Open Gym is driven by:

  1. Geographic proximity to the Customer's location or the city they are browsing — the strongest factor. Discovery is built around a map, and sessions outside the viewport are not shown at all.
  2. Time — sessions starting sooner rank ahead of ones further out, within the Customer's chosen date range.
  3. Filter and search match — how well the activity matches the category, level, type, price range, and search words the Customer entered.
  4. Availability — sessions with places still free rank ahead of full ones.
  5. Average rating and review count, where the Customer has not chosen a different sort order.

Customers can override the default order at any time by sorting by soonest, price, rating, or distance.

We do not sell ranking. No payment, commission rate, or commercial relationship influences where a listing appears, and there is no paid placement or advertising on the Platform. If that ever changes we will disclose it here and identify paid placements in the interface.

[TO CONFIRM: verify this description against the ranking actually implemented in the discovery loader before launch — a P2B ranking disclosure that does not match the code is itself a breach.]

11. Data access

The P2B Regulation requires us to describe your access to data. In summary:

  • You get: your bookings and attendance, your earnings and payout history, your reviews and ratings, and the first name and last initial of participants in your own sessions.
  • You do not get: Customers' email addresses, phone numbers, or billing addresses; data about other Experts; or aggregate Platform data.
  • We get: the transaction and usage data described in the Privacy Policy, which we use to run, secure, and improve the Platform.

We do not provide your data to third parties for commercial purposes. Where you hold personal data about your participants, you are an independent controller of it and must comply with the GDPR yourself — including having your own lawful basis for contacting them.

12. Restriction, suspension & termination

You may stop listing at any time by archiving your activities. You cannot archive an activity while a future session still has tickets sold — cancel those sessions first (refunding the holders) or let them run.

We may restrict, suspend, or terminate your access if you:

  • materially breach these terms, the Terms of Service, or the Acceptable Use Policy;
  • lose the insurance, qualification, or Stripe verification that publishing requires;
  • repeatedly cancel late, fail to appear, or fail to deliver sessions as described;
  • put participants at risk, or behave abusively towards users or our staff;
  • take bookings off-platform to avoid commission, or manipulate reviews or rankings;
  • engage in fraud, or where we are required to act by law.

Notice and reasons (P2B Arts. 3–4). If we restrict or suspend you, we give you a statement of reasons at or before the moment it takes effect. If we terminate your access, we give you the reasons and at least 30 days' notice, unless we are under a legal obligation to act immediately, or you have repeatedly breached these terms, or there is a genuine risk to consumer safety or to the Platform — in which case termination can be immediate and we will still explain why. You can contest any of these decisions under section 13, and if we find we were wrong we reinstate you without delay.

Suspension does not cancel your obligation to deliver sessions already sold, and does not deprive you of money already earned, less any amounts we are entitled to recover.

13. Complaint handling & mediation

Nomo is a small enterprise within the meaning of Commission Recommendation 2003/361/EC, so P2B Arts. 11(5) and 12(5) exempt us from the mandatory internal complaint-handling system and from having to name mediators. We operate a complaint process anyway, voluntarily and to the standard the Regulation sets, because you should have somewhere to go when we get something wrong.

You can complain about any decision we make affecting you — including restriction, suspension, termination, payout, or ranking — by emailing legal@opengym.in with "Expert complaint" in the subject line.

We acknowledge complaints within 5 business days, examine them individually and in good faith, and give you a reasoned outcome in writing, normally within 30 days. The process is free of charge.

If we cannot resolve a complaint between us, we are willing to engage in good faith in mediation, without prejudice to your right to go to court at any time. We have not designated named mediators; we will agree a mediator with you if it comes to that. If we cease to qualify as a small enterprise, we will name two mediators here as Art. 12 then requires.

Organisations representing business users may also bring proceedings against us under P2B Art. 14.

14. Liability & indemnity

Because you deliver the sessions, you are responsible for them. You will indemnify Open Gym against claims, losses, and reasonable costs arising from your sessions, your listings, your breach of these terms, your infringement of anyone's rights, or your failure to hold required insurance or qualifications.

You are a business user, not a consumer, in your relationship with us. Our total liability to you for all claims in any 12-month period is limited to the total commission we retained from your sales in that period. This limit does not apply to liability for death or personal injury caused by our negligence, for fraud, or to any liability that cannot lawfully be limited. We are not liable to you for loss of profit, loss of business, or lost bookings.

15. Changes to these terms

P2B Art. 3(2) requires advance notice of changes to business-user terms. We give you at least 15 days' notice of any change, by email and in your dashboard, and longer where the change requires you to make technical or commercial adjustments. You may terminate before the change takes effect. We may apply a shorter period only where a legal obligation requires it or where the change protects users against fraud, malware, or a security risk. You may waive the notice period by an express statement.

16. Contact

Expert support: support@opengym.in
Complaints and legal notices: legal@opengym.in
Nomo Consulting Kft., 1082 Budapest, Baross utca 74., Hungary