Terms and Conditions of Use

Last updated: September 23, 2026

This is an unofficial, machine-assisted translation provided for convenience and has not been reviewed by a lawyer. The Spanish version is the original, legally binding text — in the event of any conflict or discrepancy, the Spanish version prevails.

These terms (the “Terms”) govern the use of Zynergia(zynergia.app), the management software for fitness, yoga, pilates and wellness studios (“the Platform”). They apply both to whoever runs a studio on Zynergia (“Studio”) and to whoever registers as a studio's student (“Student” or “User”). By creating an account, subscribing to a plan, or booking/purchasing through a Studio's site running on Zynergia, you accept these Terms. If you do not agree, do not use the Platform.

If you run a Studio, your relationship with Zynergia is also governed by the Service Agreement and Data Processing Agreement for Studios (in Spanish), which you accept when registering your Studio. Where that Agreement and these Terms conflict, the Agreement prevails.

1. Who we are

Zynergia is operated by Javier Ismael Nabte Ake, a self-employed individual with business activity, Mexican tax ID (RFC) NAAJ970805KB6, domiciled at Calle 88 x 71-A y 73, Fraccionamiento Los Almendros, Ciudad Caucel, C.P. 97314, Mérida, Yucatán, Mexico (“Zynergia,” “we”).

2. What Zynergia is (and is NOT)

Zynergia is software: it provides the infrastructure for a Studio to publish its site, manage schedules, sell credit packages or memberships, handle bookings and check-in, and collect and retain its Students' legal consents — including a physical-readiness questionnaire and any files a Student attaches, which are stored with our CDN provider (see section 10). Zynergia does not teach classes, operate physical facilities, employ instructors, or provide fitness, health or wellness services. The Platform storing a health answer does not mean it assesses it: there is no clinical evaluation and no automatic clearing of anyone — whoever decides that a Student may train is the Studio, manually, from its dashboard. Each Studio is an independent business, responsible for its own content, pricing, quality of service, facilities, staff, cancellation policies and dealings with its Students. Zynergia is not a franchisor, partner, employer or legal representative of any Studio.

3. Studio accounts

• The free plan charges a commission on sales processed through the platform; paid plans have a fixed monthly or annual fee (see pricing).
• You are responsible for the accuracy of your Studio's information and for complying with the law applicable to your business: consumer protection (including Mexico's Federal Consumer Protection Law with respect to your own Students), tax, labor, health/civil-protection rules for your premises, and personal-data-protection law regarding your Students.
• You must hold the licenses and permits required, and — we strongly recommend — adequate liability insurance in force for the physical activity you offer. Zynergia does not verify or guarantee that you hold them.
• If you turn on the physical-readiness questionnaire, you are collecting your Students' sensitive personal health data: you are the controller of that processing toward them — for the questions you write, for the express consent the LFPDPPP requires, and for who on your team you give dashboard access to, because anyone with that access can see what was declared on the Student's record. Zynergia only stores and processes it on your behalf, as data processor, under the Privacy Notice.
• Zynergia may suspend or cancel accounts that breach these Terms, are used fraudulently, generate recurring chargebacks, or pose a risk to the Platform or third parties — with or without prior notice depending on severity.
• If you change your Studio's ownership (sale, assignment of the business), you must notify Zynergia and get the new owner to accept these Terms; until that happens, the previous and new owner are jointly and severally liable for outstanding obligations to Zynergia.

4. Payments and commissions

Charges to Students are processed through Stripe: each Studio opens, connects and controls its own Stripe account, governed by the agreement the Studio enters into directly with Stripe. Charges are direct chargeson the Studio's account: the Studio is the seller and the “merchant of record” toward the Student and under the law. Zynergia is not a party to the purchase transaction between the Studio and its Student and does not receive or hold those funds; it only provides the checkout and, if applicable, collects the platform commission agreed to under the contracted plan, as an application fee within the same charge.

In addition to the platform commission, Stripe charges the Studio its own processing fee (approximately 3.6% + $3 MXN plus VAT with a Mexican card; more with an international card). That fee is charged by Stripe, not Zynergia.

5. Chargebacks and refunds

Because the Studio is the seller, refunds, chargebacks and disputes belong to the Studio: when a Student disputes a charge with their bank, Stripe debits the amount and its dispute fee from the Studio's account, and the Studio submits the defense evidence. Zynergia makes the Platform's records available (booking, check-in, signed documents) but does not represent the Studio in the dispute. The platform commission is not returned on a refund or chargeback, unless Stripe returns it automatically.

If any transaction was processed under an earlier scheme in which Stripe debited the chargeback to Zynergia, the Studio must reimburse that amount and its fees, under the Agreement for Studios. If an amount owed by the Studio (chargeback, refund or fee) remains unpaid, Zynergia may disable online sales for that Studio until it is resolved; the rest of the Platform, including exporting its data, keeps working.

6. Credits, packages, and responsibility for what happens at the Studio

Credits and packages a Studio sells to its Students are prepaid and are governed by the validity period and cancellation policy that Studio publishes on its own site. Zynergia does not control or guarantee those policies — they are each Studio's responsibility, as is the quality of the class, the condition of its facilities and equipment, and the conduct of its staff.

All physical activity carries an inherent riskof injury, which may include, without limitation: falls, muscle strains or sprains, cardiovascular overexertion, injuries from equipment misuse or failure, impact or contact with other people, and the worsening of pre-existing health conditions the Student has not disclosed to the Studio. By booking or attending a class through the Platform, the Student expressly acknowledges and accepts these risks as inherent to the activity, not as a defect of the Platform. Zynergia is not present at the Studio's premises, does not supervise the class or the instructor, does not assess any Student's physical condition or medical history, and is therefore not responsible for injuries, harm to health, or incidents occurring during or arising from an activity booked through the Platform — that responsibility belongs to the Studio, under applicable law and any liability waiver, health questionnaire (PAR-Q), or informed consent the Studio itself chooses to collect from its Students, whether through the Platform or through its own means.

The Platform does offer tools to collect, version, store and evidence consents. The Studio may publish versioned legal documents (for example, its privacy notice, an informed consent, and its own terms), enable a physical-readiness questionnaire that blocks booking until the Studio clears the Student, and receive the electronic signature of each document along with its evidence: the declared name, the date and time, the IP address, the browser, and the exact version of the document that was signed. On the informed consent, the Student additionally ticks a separate box giving express consent to the processing of their health data. That evidence is append-only: neither the Studio, nor the Student, nor Zynergia can edit or delete it from within the Platform — a correction is always a new record, never a change to the previous one.

The content of those documents is drafted, chosen and published by the Studio, under its sole responsibility: their legality, their sufficiency, their currency, and their fit with the activity it offers and the jurisdiction where it operates. Zynergia does not provide legal advice and does not review, approve or validate whether a document is sufficient for what your Studio needs. If Zynergia makes templates or sample text available to you, they are a starting point and not legal advice: you must review them — ideally with your lawyer — and adapt them before publishing, and by publishing them you make them your own.

The operational obligations the Studio takes on toward its Students in those documents belong to the Studio: emergency protocols, first-aid kit, defibrillator, trained staff, supervision of minors, deadlines to resolve a medical review, or any other commitment it chooses to make its own. Zynergia does not assume them, does not verify them, and is not liable for their fulfillment, even if the document promising them was signed inside the Platform.

Zynergia retains the evidence of acceptance in accordance with our Privacy Notice and makes it available to the Studio, but does not rule on whether that evidence is sufficient in a specific case — that is for the Studio and, where applicable, for the authority or court that resolves the matter.

7. Students and use of the service

• Each Studio configures the minimum age at which it admits Students and the age from which it treats them as adults. When the date of birth indicates that the Student is a minor under that configuration, the Platform requires the authorization of their parent or legal guardian — verified through a one-time code sent to the email registered for that purpose — in addition to the minor's own assent, and retains that evidence. The Platform provides the mechanism; the Studio decides from what age it admits Students and is responsible for complying with the law applicable in its jurisdiction regarding the participation of minors and the consent of whoever holds parental authority or guardianship.
• You are responsible for the accuracy of your data and for keeping your password confidential. If the Studio turned on the physical-readiness questionnaire, that includes what you declare there: answering it is a condition for booking, and an answer that triggers a medical review blocks booking until the Studio clears you. That decision — and how long it takes — belongs to the Studio, not to Zynergia. If your health changes, you can answer the questionnaire again at any time; a new answer that triggers a review returns your account to that status.
• Any dispute over the quality of a class, a refund, a cancellation, or the treatment you received is between you and the Studio — contact it directly first. Nothing in these Terms limits your rights as a consumer under Mexico's Federal Consumer Protection Law, including your right to go to PROFECO against the Studio.

8. Content and Artificial Intelligence

The Studio retains ownership of its content (photos, text, branding) and grants Zynergia a limited license to store, display and operate it within the Platform — including its public site, template previews, and service communications.

Some features (site copywriting, a copy assistant, generating a site's structure) use third-party Artificial Intelligence models. Photo search for your site does not generate images: it queries third-party stock photo libraries. AI-generated content may contain errors or inaccuracies — review it before publishing. We do not sell your personal information or your Students', and we configure these features to exclude AI providers that train their models on the information they process.

These features work on your site's content and on what you type into them. The Platform does not send your Students' physical-readiness questionnaire answers, medical authorizations or signatures to AI providers.Neither should you paste them in: whatever you write into one of these tools goes out to the AI provider, and a third party's sensitive health data has no reason to go anywhere.

The Studio is responsible for ensuring that any text, image or claim generated with these tools — including claims about health outcomes, weight loss, physical condition or medical benefits — complies with truth-in-advertising rules and applicable regulations (including, in Mexico, COFEPRIS guidelines and the Federal Consumer Protection Law on misleading advertising). Zynergia does not review or validate generated content before it is published.

9. Zynergia's intellectual property

The Platform's software, code, design, brand and other elements are Zynergia's property. Copying, decompiling, reverse-engineering, scraping, reselling, or offering the Platform under another brand (white-label), or using it to build a competing product, is not permitted without prior written authorization.

10. Third-party services

The Platform relies on external providers for functions such as payment processing (Stripe, Mercado Pago), sign-in (Google), messaging (WhatsApp), email, database and authentication (Supabase), file storage and delivery (Bunny.net), Artificial Intelligence models, stock photo libraries, domain registration and analytics. We are not responsible for failures, changes or interruptions of those third-party services, even if they affect the Platform's operation.

On file storage in particular: your site's images and videos and the legal documents you publish are served from that CDN so anyone can view them. The medical authorizations your Students attach, by contrast, are stored encrypted (AES-256-GCM) in private storage: they have no public address, can only be opened through the Platform by authorized staff of your Studio, and every access is recorded in an access log. Details are in the Privacy Notice.

11. Availability and warranties

We make a reasonable effort to keep the Platform available, but we do not guarantee uninterrupted, error-free operation, nor specific business results (sales, attendance, retention). The Platform is provided “as is” and “as available,” without warranties of any kind beyond those the law does not allow us to exclude. Zynergia does not offer, unless expressly agreed in writing, a service-level agreement (SLA) with credits, refunds or compensation for downtime.

12. Limitation of liability

To the maximum extent permitted by law, Zynergia will not be liable for indirect, incidental, special, punitive or consequential damages, nor for loss of profits, data, or business opportunity, arising from the use or inability to use the Platform. Zynergia's total liability to a Studio, for any claim related to these Terms, is limited to the amount that Studio has paid Zynergia in the 12 months preceding the event giving rise to the claim, or $5,000.00 MXN, whichever is greater. This limitation does not apply to the Studio's payment obligations to Zynergia (commissions, chargebacks, fees) nor to damages caused by Zynergia's willful misconduct or gross negligence.

13. Indemnification

The Studio agrees to defend, indemnify and hold Zynergia harmless from any claim, fine or expense (including reasonable legal fees) arising from: (a) its own goods, services, prices or policies; (b) its failure to comply with the law applicable to its business; (c) its breach of these Terms; or (d) injuries, damages or disputes originating at its Studio or with its Students.

14. Suspension and termination

You can cancel your Studio's paid plan at any time from the admin dashboard, which takes you to Stripe's billing portal. Closing the account and deleting its data is a separate step: you request it through the channels described in Delete my data. Cancellation does not generate refunds for periods already billed, except for a demonstrable billing error. Zynergia may suspend or terminate access immediately in the event of fraud, non-payment, misuse, a security risk, or breach of these Terms, and may disable online sales while a dispute or pending chargeback is resolved. Zynergia does not hold the proceeds of the Studio's sales: those are managed by Stripe in the Studio's own account.

When a Studio closes its account, its Students' data is retained for the period stated in the retention section of the Privacy Notice, so it can be recovered or exported. Signatures and health-questionnaire answers follow what is said there: they are append-only and are kept for as long as they are needed to evidence the consent, even if the Studio asks for them to be deleted sooner.

15. Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control (natural disasters, internet or third-party provider outages, acts of government, pandemics). This does not exempt the Studio from payment obligations already accrued.

16. Governing law and jurisdiction

These Terms are governed by the laws of the United Mexican States. For any dispute between Zynergia and a Studio, both parties expressly submit to the competent courts of Mérida, Yucatán, waiving any other venue that might correspond to them by reason of their present or future domicile. For disputes involving a Student, the courts and consumer-protection authorities with jurisdiction under the law apply, without this clause limiting the rights the law grants that person as a consumer.

Before initiating any legal proceeding arising from these Terms, both parties agree to try in good faith to resolve the dispute directly: the claiming party must notify the other in writing, describing the problem and the solution sought, and both parties have 30 calendar days from that notice to resolve it before going to the courts named in this section. This clause does not apply when the law expressly requires or allows going directly to an authority (for example, PROFECO), nor does it prevent seeking urgent or precautionary measures.

17. Assignment

The Studio may not assign these Terms or the rights arising from them without Zynergia's prior consent. Zynergia may assign these Terms, in whole or in part, in the event of a merger, acquisition, or sale of assets, notifying you through our usual contact channels.

18. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent possible.

19. Acceptance and electronic signature

Creating an account, checking an acceptance box, or simply using the Platform (booking, purchasing, managing a Studio) constitutes your signature and express consent to these Terms, as a valid data message under Mexico's Commercial Code. If you accept these Terms on behalf of a Studio, you represent that you have authority to bind it.

20. Relationship between the parties

Nothing in these Terms creates a partnership, employment, franchise, representation or agency relationship between Zynergia and the Studio, or between Zynergia and the Student. Each Studio operates its business independently.

21. Entire agreement

These Terms, together with the Privacy Notice and, for Studios, the Agreement for Studios (which prevails in case of conflict), constitute the entire agreement between you and Zynergia regarding use of the Platform, and supersede any prior agreement or understanding on the same subject.

22. No waiver

Zynergia's failure to immediately exercise a right under these Terms does not mean it waives that right, nor does it set a precedent for the future.

23. Notices

Notices Zynergia sends you are deemed validly delivered when sent to the email registered on your account, or when published on this page in the case of changes to these Terms.

24. Language

These Terms are drafted in Spanish. Any translation is offered solely as a courtesy; in the event of any conflict or discrepancy, the Spanish version prevails.

25. Ownership and data

See our Privacy Notice to learn how we handle personal data and how to request its deletion at Delete my data. It also explains which records are not deleted on request — in particular signatures and health-questionnaire answers, which are append-only by design.

26. Modifications

We may update these Terms with prior notice — by publishing the new version on this page with its update date. Continued use of the service after that date constitutes acceptance.

27. Contact

For questions about these Terms, write to us through our official channels.