Terms of Service
Version 2026-08-draft · Last updated 2 August 2026 · Effective [TO CONFIRM: effective date — set at launch]
Open Gym is a marketplace. Instructors (we call them Experts) sell places in the sessions they run; you buy a place. The Expert — not Open Gym — provides the session and is responsible for it. These Terms explain how that works, what you pay, and when you get your money back.
1. Who we are
Open Gym (the Platform) is operated by Nomo Consulting Kft., a company registered in Hungary under company number 01-09-294594, with its registered seat at 1082 Budapest, Baross utca 74., Hungary ("Nomo", "we", "us"). Where these Terms say "Open Gym", they mean Nomo acting as operator of the Platform. Our full statutory disclosures are on the Legal notice page.
These Terms of Service (the Terms) form a binding contract between you and Nomo. They apply when you visit opengym.in, use our mobile apps, or buy anything through the Platform. By creating an account or completing a purchase, you accept these Terms. If you do not accept them, please do not use the Platform.
Additional documents form part of these Terms: our Privacy Policy, our Cookie Policy, and our Acceptable Use Policy. If you list activities on the Platform, the Expert Terms also apply to you and prevail over these Terms where they conflict, in respect of your activity as an Expert.
2. Our role: we are a marketplace
Open Gym is an online intermediation service. We provide the technology that lets Experts publish and sell places in fitness and wellness sessions, and lets Customers find and buy those places. We also collect payment on the Expert's behalf.
The contract for the session itself is between you and the Expert. Open Gym is not a party to it. We do not deliver, supervise, or control sessions; we do not employ Experts; and we are not a gym, a sports club, a health service, or a training provider. The Expert alone decides the content, level, location, and conduct of their session, and is responsible for delivering it safely and lawfully.
We do not verify the qualifications, certifications, or insurance of Experts beyond the checks described in the Expert Terms (identity and tax verification via our payment provider, and a self-declaration that they hold their own liability insurance). We do not endorse any Expert or session.
Where we act on the Expert's behalf, we do so as a limited commercial agent for the purpose of concluding the sale, taking payment, and processing refunds under these Terms.
3. Accounts & eligibility
You must be at least 16 years old to create an account. If you are under 18, you may only use the Platform with the consent of a parent or guardian, who accepts these Terms on your behalf and is responsible for purchases made through your account. Some Experts set higher minimum ages for their own sessions; that information is shown on the activity page.
You can sign in with a one-time code sent to your email address, or with a connected Google, Facebook, or X account. You are responsible for keeping access to that email address and those accounts secure, and for everything done through your Open Gym account. Tell us at support@opengym.in straight away if you think someone else has gained access.
You must give accurate information and keep it up to date. One person, one account: do not create an account for someone else or under a false identity.
4. Booking, tickets & vouchers
Listings on the Platform are an invitation to buy, not a binding offer. Your order is an offer to buy a place; the contract is concluded when we confirm your order by email after payment succeeds. Places are limited by the Expert's stated capacity and are allocated in the order payments complete.
When you add a place to your cart we hold it for a short period (currently 15 minutes) while you complete checkout. If payment is not completed in that window, the hold expires and the place is released to other Customers.
Each place you buy produces one ticket with a unique
nine-character voucher code, shown as XXX-XXX-XXX.
Vouchers are bearer instruments — treat them like cash. Anyone holding the voucher link can view the ticket details, attend the session in your place, and cancel the ticket. Only share a voucher link with someone you intend to give the place to. If a ticket is cancelled by whoever holds the link, any refund due is always paid back to the original purchaser's payment method — never to the person who cancelled it.
If you hold a voucher, you may optionally claim the ticket to your own account so it appears in your dashboard. Claiming a ticket does not transfer the right to a refund, which stays with the original purchaser.
Booking confirmations, reminders, cancellations, and refund notices are sent by email to the address on your account. Please check your spam folder — we cannot be responsible for email that your provider filters or rejects.
5. Prices & fees
Prices are set by the Expert and shown on each activity page in the currency of the city where the session takes place. The price you see is the price you pay for the place — nothing is added to it later except the service fee described below. A paid session must be priced at or above a minimum of 1 000 HUF; Experts may also offer sessions free of charge.
[TO CONFIRM: VAT treatment. The Platform has no VAT concept — an Expert enters a single gross amount and the system neither stores a VAT rate nor separates net from tax. Whether VAT is included therefore depends on each Expert's own tax status (many will be under the Hungarian alanyi adómentesség threshold). Counsel should confirm what must be stated to consumers here, and whether Experts must declare their VAT status at onboarding.]
At checkout we add a service fee of 250 HUF per order, which covers card processing. It is charged once per order, no matter how many places you buy in that order, and it is itemised on the payment page before you pay. There are no other fees — we do not add anything at checkout that was not shown to you first.
The service fee is non-refundable. Where a refund is due under section 7, we refund the price of the place in full, but not the service fee, because the card-processing cost it covers has already been incurred.
Payments are processed by Stripe. We do not receive or store your full card number. By paying you also accept Stripe's terms as they apply to you.
Experts may issue discount codes for their own sessions. A code applies only if every condition attached to it is met at the moment you check out — we re-check codes at checkout, so a code previewed in your cart may still be rejected if, for example, its usage limit was reached in the meantime. Discounts cannot reduce an order below the minimum paid price.
6. Right of withdrawal (consumers)
The 14-day right of withdrawal does not apply to session bookings. Under section 29(1)(l) of Government Decree 45/2014 (II. 26.) — which implements Article 16(l) of Directive 2011/83/EU — a consumer has no right of withdrawal from a distance contract for services connected with leisure activities where the contract provides for a specific date or period of performance. Every session sold on Open Gym is booked for a specific date and time, so this exception applies.
This does not take away any of your other statutory rights, and it does not affect the cancellation and refund rights we grant you contractually in section 7 — which are more generous than the law requires in most cases.
By completing checkout you acknowledge that you are booking a leisure service for a specific date and that you therefore have no statutory 14-day withdrawal right in respect of that booking.
7. Cancellations & refunds
7.1 If you cancel
Each Expert sets a cancellation deadline for their activity — a number of hours before the session starts. The deadline is shown on the activity page before you pay, and on your ticket.
- Cancelling before the deadline: you receive a full refund of the price you paid for the place. The service fee is not refunded.
- Cancelling after the deadline: no refund is due. The place is released, and the Expert is still paid, because they have reserved capacity and turned away other Customers.
If your released place is resold. If you cancel after the deadline and we subsequently sell that place to another Customer, the amount you paid is retained by Open Gym. It is not refunded to you and it is not paid again to the Expert, who is already being paid for the place under the second sale. We disclose this expressly because it is unusual: after the deadline, your payment is not returned even if the seat does not go to waste.
7.2 If the Expert cancels
If an Expert cancels a session, every ticket holder receives an automatic full refund of the price paid, and we notify you by email. If an Expert reschedules a session, we notify you; if the new time does not suit you, you may cancel and receive a full refund of the price paid regardless of the usual deadline.
7.3 If we cancel
We may cancel a session or an order if we reasonably believe it is unlawful, unsafe, fraudulent, or in breach of these Terms. In that case you receive a full refund of the price paid.
7.4 If the session was not as described
If a session did not take place, or differed materially from its description, contact us at support@opengym.in within 14 days of the session date. We will investigate and, where the complaint is justified, refund you. This is in addition to any rights you have directly against the Expert under consumer law for defective performance.
7.5 How refunds are paid
Refunds are made to the original payment method, in the original currency, and are issued by us as soon as the refund is confirmed. Depending on your bank or card issuer, the money typically appears within 5–10 business days. We do not charge a fee for issuing a refund.
8. Health, safety & assumption of risk
Physical activity carries inherent risk of injury. By booking and attending a session you acknowledge and accept that risk. Open Gym does not provide medical, physiotherapeutic, nutritional, or fitness advice, and nothing on the Platform is a substitute for professional medical advice.
You are responsible for judging whether a session is suitable for you. If you have an injury, a medical condition, are pregnant, or are returning to exercise after a break, consult a doctor before booking and tell the Expert before the session starts.
You must follow the Expert's safety instructions during a session, arrive with any required equipment listed on the activity page, and not attend under the influence of alcohol or drugs. An Expert may refuse participation on reasonable safety grounds; where they do so for a reason within your control, no refund is due.
Nothing in this section excludes or limits liability for death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.
9. Acceptable use
Our Acceptable Use Policy sets out what you may not do on the Platform, and forms part of these Terms. In summary: do not break the law, harass or endanger anyone, misrepresent who you are, take bookings or payments outside the Platform to avoid fees, scrape or attack our systems, or post content you have no right to post.
10. Your content & reviews
You keep ownership of everything you upload — photos, descriptions, reviews. By posting it, you grant Open Gym a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for display, and publish that content for the purpose of operating and promoting the Platform. This licence lasts as long as your content is on the Platform and ends when you delete it, except for copies retained in backups and where we must keep records by law.
You confirm you have the rights to everything you post, including the consent of any identifiable person in a photograph.
Reviews must be honest and based on a session you actually attended — we only allow reviews from accounts with an attended ticket for that Expert or activity. We may remove reviews that contain harassment, personal data, advertising, or content that is unlawful or demonstrably false. We do not remove reviews merely because an Expert dislikes them, and Experts may not retaliate against reviewers. Ratings displayed on the Platform are calculated from these reviews without editing.
If you believe content on the Platform infringes your rights or is otherwise unlawful, report it to legal@opengym.in with enough detail to identify it. We will assess reports and act where appropriate, and we will tell you and the person who posted the content what we decided and why, as required by the Digital Services Act (Regulation (EU) 2022/2065).
11. Our intellectual property
The Platform, its software, design, and the Open Gym name and logo belong to us or our licensors. We grant you a limited, personal, non-transferable, revocable licence to use the Platform for its intended purpose. You may not copy, modify, reverse-engineer, resell, or systematically extract data from the Platform, or use our branding, without our written permission.
12. Suspension & termination
You may close your account at any time from Account → Security. Closing your account does not cancel tickets you already hold or refund past orders; cancel those separately first if you want a refund and are still within the deadline.
When you close your account we anonymise your personal data — replacing your name, email, phone number, photo, biography, and billing address with anonymised values — while retaining order, payment, and invoice records we are legally required to keep. See the Privacy Policy for detail.
We may suspend or terminate your access if you materially breach these Terms or the Acceptable Use Policy, if we are required to by law, or if your use of the Platform creates a genuine risk to other users. Except where doing so would be unlawful or would defeat the purpose of the measure, we will tell you the reason and give you a chance to respond. Suspension does not deprive you of refunds already due to you.
13. Liability
We provide the Platform with reasonable care and skill, but we do not promise it will always be available, uninterrupted, or error-free, and we do not guarantee the accuracy of information supplied by Experts.
Because we are not a party to the session contract, we are not liable for the conduct, acts, or omissions of any Expert or other user, for the quality or safety of a session, or for injury, loss, or damage arising during a session. Your claim in those cases lies against the Expert.
Where we are liable to you, our total liability for all claims connected to a booking is limited to the amount you paid for that booking, except that this limit does not apply to liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Hungarian law. Nothing in these Terms limits the statutory rights you have as a consumer.
14. Complaints & dispute resolution
Please contact us first at support@opengym.in — most problems are resolved quickly. We acknowledge complaints promptly and aim to respond substantively within 30 days.
If you are a consumer and we cannot resolve the matter, you may take your complaint to the conciliation board (békéltető testület) operating alongside the county chamber of commerce for your place of residence, or the one at our registered seat. Participation in that procedure is free of charge for you. You may also complain to the Hungarian consumer protection authority. Your right to bring court proceedings is unaffected.
Note: the European Commission's Online Dispute Resolution (ODR) platform ceased operating on 20 July 2025 under Regulation (EU) 2024/3228, so there is no ODR link to give you.
15. Changes to these Terms
We may update these Terms — for example when we add features or when the law changes. For material changes we will notify registered users by email at least 15 days before they take effect, and ask you to accept the new version the next time you sign in. Changes never apply retroactively to bookings you have already made. If you do not accept the new Terms, you may close your account; any tickets you already hold remain governed by the version you accepted when you bought them.
[TO CONFIRM: the acceptance record is not yet implemented — `user.termsAcceptedAt` and `user.termsVersion` exist in the schema but nothing writes them, so there is currently no capture of which version a user accepted and no re-acceptance gate on sign-in. This paragraph describes the required behaviour and must be true before these Terms are published.]
16. Governing law
These Terms are governed by Hungarian law. If you are a consumer resident in the European Union, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country. For everyone else, the courts of Hungary have exclusive jurisdiction.
If any provision of these Terms is found unenforceable, the rest remains in force. Our not enforcing a right on one occasion does not waive it.
17. Contact
General support: support@opengym.in
Legal notices and content reports: legal@opengym.in
Post: Nomo Consulting Kft., 1082 Budapest, Baross utca 74., Hungary