Terms of use

These terms are the agreement between you and WitzLyne Ltd ("WitzLyne", "we", "us") for your use of the Makom platform. Please read them. By creating an account or using any Makom app or website, you accept them.

1. Which apps these terms cover

WitzLyne operates the Makom platform, which runs as a family of apps and websites: the Makom marketplace app and website, a studio-branded app for a single studio, the member web portal on getmakom.com, and the check-in kiosk. A studio-branded app carries that studio's name and colours, but it is the same platform operated by the same company, and these terms cover it. New studio apps are added over time and are covered from the day they are released.

2. Who provides what

This is the most important thing in these terms, so it comes first.

WitzLyne provides software. We give you the app and the booking, payment and messaging system behind it. That is what we are responsible for.

Your studio provides the class. Your studio is an independent business. It owns or rents the premises, employs or engages the instructors, provides and maintains the equipment, sets its own schedule, prices, membership terms, cancellation rules, house rules and safety requirements, and is the party you contract with and pay for the physical service. Your studio is responsible for that service and for the premises where it happens.

WitzLyne is not a fitness provider, a gym, a health club, an instructor or a medical service. We do not supervise classes, vet instructors' professional judgement, or inspect premises or equipment.

3. Your account

You need an account to book. You must be 18 to open one. In Israel anyone under 18 is a minor, and under the Legal Capacity and Guardianship Law, 5722-1962, a parent or guardian has to agree on a minor's behalf to anything beyond the everyday acts people of that age normally do alone. A membership contract, a recurring charge and a health declaration are not everyday acts. A person under 18 uses the apps through a managed profile on a parent's or guardian's account. The details you give must be accurate and kept up to date.

Keep your sign-in method private. You are responsible for what happens under your account. Tell us at isaac@getmakom.com as soon as you suspect someone else has used it, and we will help you secure it.

Family and managed profiles

Where a studio runs classes for children or teenagers, a parent or legal guardian may add a managed profile for a child to their own account. If you do, you confirm that you are that child's parent or legal guardian, you accept these terms on the child's behalf, you are responsible for the information you provide including any health declaration, and you are responsible for the bookings, charges and conduct on that profile.

4. Bookings and waitlists

A booking is confirmed when the app says it is confirmed, and it consumes a credit from your membership or pack, or a payment, according to your studio's terms.

If a class is full you can usually join a waitlist. A waitlist place is not a booking. If a place opens, the app will try to move you into the class and will tell you. Close to the start of a class your studio may lock the waitlist so the roster stops moving. Studios set their own waitlist rules and their own limits on how many classes you may hold at once.

Your studio may cancel or change a class, change the instructor, change the room or move your assigned position. It will tell you through the app. If your studio materially changes a booking, cancelling it costs you nothing however late that is, and your credit or payment goes back.

Some studios assign a specific machine, mat, bike or spot. Where they do, use the one you were assigned and follow the studio's instructions.

5. Cancellation, late cancellation and no-shows

Every studio sets its own rules. The free cancellation window, the number of late passes you get in a period, what a late cancellation costs, what happens if you do not turn up, and how many late cancellations lead to a temporary block on booking are the studio's decision, not ours. The rules that apply to your booking are shown in the app before you confirm it.

The rules attached to a booking are the ones that were in force when you made it. A studio that changes its policy later does not change the terms of a booking you already made.

Cancel inside the free window and your credit or payment comes back. Cancel after it and your studio's policy decides what happens: a late pass may absorb it, or the class may be consumed. Repeated late cancellations or no-shows may lead your studio to restrict your booking for a period. All of it is visible to you in the app.

This section is about a single class booking. It is separate from, and cannot cut down, the rights the Consumer Protection Law gives you to cancel the membership or pack itself. Those are in sections 6 and 7.

6. Memberships, packs and freezes

A membership normally renews automatically at the price and interval your studio publishes, until you cancel it. Before you buy, the app shows the price, what it includes, how often it renews and how to stop it. You can see and cancel a recurring membership in the app, and you can also ask your studio directly.

Your right to cancel a membership in Israel

Israeli law gives you cancellation rights that no studio policy and nothing in these terms can take away. The studio is the seller, so the studio has to honour them, and the app is built so that it can.

A rolling membership. A membership that simply continues until you stop it is a continuing transaction under section 13A of the Consumer Protection Law, 5741-1981. You can end it at any time. Once you give notice, the studio must stop charging you within three business days, or within six days if you sent the notice by registered post.

A fixed-term membership. A membership sold for a set period, a year say, is covered by section 13A1 and the Fourth Schedule of the same law, which single out gym services. You may cancel at any time by written notice, however long is left to run. The cancellation takes effect one month after you give the notice. For the period up to then you pay the proportional share of what you owe, and beyond that the studio may charge you a cancellation fee only within the ceilings the law sets: the lowest of the difference between what you paid and what the studio's alternative monthly plan would have cost for the months you used, or 25 per cent of the price if you cancel in the first third of the term, 20 per cent in the second third and 17 per cent in the last third, or the amount still left to run.

There is a condition attached to that fee, and it favours you. A studio may charge a cancellation fee on a fixed-term membership only if, before you signed, it offered you in writing an alternative plan charged monthly with no cancellation fee. If it did not, it cannot charge you a cancellation fee at all.

A class pack is a fixed number of credits with an expiry date set by your studio. Unused credits expire when the pack expires unless the studio says otherwise.

Many studios allow a freeze, which pauses a membership or pack for a period for a reason such as travel, injury, illness, pregnancy, studies, bereavement or reserve duty. Each studio sets how long a freeze can be and how many are allowed in a year, and some reasons have their own allowance. The rules that apply to you are shown in the app.

If a renewal payment fails, your studio may retry it, tell you, and after a grace period suspend your access until it is settled. You will be told before access is suspended.

7. Prices, payment and refunds

Prices are set by your studio and are shown in the app in Israeli shekels as a single total including VAT, which is what the Consumer Protection Law requires a price shown to a consumer in Israel to be. Your studio is the seller and the merchant of record, and it issues the receipt or invoice. Payments are processed by your studio's payment provider. Full card details are entered on the provider's own page and never reach the app.

Refunds are your studio's decision, made under its published policy and the consumer law that applies to it. WitzLyne does not hold your money and cannot refund a studio's charge on its behalf. Ask your studio first. If you cannot resolve it, write to us and we will help you reach the studio and will correct anything that turns out to be a fault in the software.

Cancelling a purchase you made in the app

Buying in the app or on the web portal is a distance transaction, and the Consumer Protection Law and the Consumer Protection (Cancellation of Transaction) Regulations, 5771-2010, give you a cooling-off right on top of everything in section 6. Membership of a fitness or health club is named in those regulations, so the right is not in doubt.

You have 14 days to cancel, counted from the day you made the purchase or the day you received the written document setting out its details, whichever is later. It does not matter that you have already started using the membership or taken a class. For that cancellation the studio may charge a cancellation fee of no more than 5 per cent of the price or ILS 100, whichever is the lower, and it must refund the rest by the same means you paid.

If you are a senior citizen, a new immigrant or a person with a disability as the law defines those terms, and the purchase involved a conversation with the studio, you have four months rather than 14 days. The studio may ask for proof of your status.

If you are cancelling because something was wrong, because the service was not what was described or was not given when it should have been, no cancellation fee may be charged and the full amount comes back.

How to give a cancellation notice

The law does not let a business narrow this to one channel. You may cancel by telephone or in person at the studio, by email, by registered post, by fax if the studio has one, and through the website, since the website is a place where you can make the purchase in the first place. A cancellation of a fixed-term gym membership under section 6 has to be in writing.

Your other rights under Israeli consumer law are not affected by anything here. Where you live elsewhere and your local consumer law gives you rights that cannot be contracted out of, those rights apply too.

If you believe you have been charged in error, tell us and your studio promptly so it can be investigated while the records are fresh.

8. Check-in

Studios check members in by scanning a QR code at the door, or by staff entering the check-in at the desk. The camera permission the app asks for is used only to read that code. Check in inside the window your studio allows around the class start. A check-in is a record that you attended, and your studio may rely on it.

9. Class boards, messages and acceptable use

A class board is a private space for the members of one studio. What you post there stays inside that studio. You keep ownership of what you post, and you give WitzLyne and your studio the permission needed to store it, display it to the people entitled to see it, and moderate it.

You must not:

• post anything unlawful, threatening, harassing, hateful, defamatory, sexually explicit, or that infringes someone else's rights;
• post another person's private information, or photographs of people who have not agreed to it;
• advertise, spam, recruit for another business, or use the board to sell things;
• impersonate anyone, or use another member's account;
• give medical advice, or present yourself as a health professional when you are not;
• abuse bookings, waitlists, referrals, discounts, gift purchases or promotions, including holding places you do not intend to use or creating extra accounts to gain a benefit;
• scrape, reverse engineer, probe, overload or interfere with the service, or try to reach data that is not yours.

You can report a post and block another member from inside the app. Reports go to your studio, which moderates its own board. We may remove content and suspend or close an account that breaks these rules, and we will tell you why unless the law or a genuine safety risk prevents it.

10. Health, safety and your own responsibility

Physical exercise carries risk. You are responsible for deciding that a class is right for you, and for telling your studio about any condition, injury or pregnancy that affects what is safe for you.

Many studios require a health declaration before you may train, and may refuse a booking without one. Complete it honestly and keep it current.

Follow your studio's safety instructions and its instructors' directions while you are there.

11. Notifications and messages

We send messages about your account, your bookings, your payments and safety matters by push notification, email or SMS. Those are part of the service and are sent whatever your marketing preferences are. Optional notifications and studio announcements are controlled by you in the app, and you can turn them off at any time.

Marketing is different, and Israeli law is strict about it. Under section 30A of the Communications (Telecommunications and Broadcasts) Law, 5742-1982, a commercial message sent by email, SMS, automated dialling or fax needs your prior consent. So marketing is off until you switch it on. Every marketing message says who sent it and carries a simple way to stop the next one, and you can withdraw your consent at any time in the app or by replying to the message.

12. The software itself

WitzLyne and its licensors own the Makom platform, its software, design and content. Your studio owns its own brand, name, logo and content. You get a personal, limited, revocable, non-transferable licence to use the apps for their intended purpose while your account is open. You may not copy, modify, distribute, sell, rent, decompile or create derivative works from the software except where the law says you may.

We keep improving the apps and may add, change or remove features. Where a change materially reduces something you rely on, we will tell you.

13. Suspension, deletion and ending this agreement

You can stop using the service at any time and delete your account from Account & Data in the app or through the account deletion page. Deleting your account does not by itself cancel a membership contract with your studio or settle an outstanding balance. Cancel the membership with your studio as well.

We may suspend or close an account that breaks these terms, that is being used to harm another member, a studio or the platform, or where the law requires it. Your studio may separately end your membership under its own terms.

If a studio leaves the platform, it remains responsible to you for the service it sold you, and we will help with the transition of your records to the extent we lawfully can.

14. Disclaimers

We work hard to keep the service available and correct, but we provide it as it is. To the extent the law allows, WitzLyne does not warrant that the service will be uninterrupted, error free, or that every schedule, price or availability shown by a studio is accurate. Studios enter their own information.

WitzLyne does not warrant, endorse or take responsibility for the classes, instruction, premises, equipment, staff or conduct of any studio, or for anything another member posts.

15. Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited under the law that applies to you.

These terms are a standard form contract, and the Standard Form Contracts Law, 5743-1982, lets a court strike out a term in one that unduly disadvantages a consumer. A limitation of liability is one of the terms that law watches most closely. The limits below apply only so far as that law and the Consumer Protection Law allow, and where they do not, the rest of this section still stands.

Subject to that, and to the extent the law allows:

• WitzLyne is not liable for injury, loss or damage arising from a class, a studio's premises, its equipment, its instruction or its staff. That is a matter between you and your studio, which provides the physical service.
• WitzLyne is not liable for indirect or consequential loss, loss of profit, loss of opportunity, or loss of data beyond what our own backups can restore.
• WitzLyne's total liability to you for any claim connected with the software, in aggregate, is limited to the greater of the amounts you paid to WitzLyne in the twelve months before the claim, or ILS 500. Amounts you paid to a studio were paid to that studio, not to us.

16. Complaints and disputes

A complaint about a class, a charge, a refund, a membership or a studio's policy goes to your studio first, because it is the studio's decision. Its contact details are in the app.

A complaint about the app, your account, a technical problem or your privacy goes to isaac@getmakom.com. We will acknowledge it and try to resolve it directly with you.

17. Governing law

These terms are governed by the laws of the State of Israel, and the competent courts of Tel Aviv-Yafo have jurisdiction over a dispute between us.

That does not shut any door the law keeps open for you. If you are a consumer in Israel you keep the right to bring a claim where the law lets you bring it, including in the small claims court for the district where you live. If you are a consumer resident outside Israel, this clause does not deprive you of the protection of the mandatory consumer rules of the country where you live, or of the right to bring proceedings there where the law gives you that right.

18. Changes to these terms

We may update these terms as the service and the law change. The current version is always published here with the date at the top. If a change materially affects your rights, we will tell you in the app or by email before it takes effect. Continuing to use the service after that means you accept the updated terms. If you do not accept them, you can delete your account.

Two things this does not let us do. It does not let us change the price, the length or the substance of a membership you have already bought from your studio, because that is the studio's contract with you and the Standard Form Contracts Law does not allow a supplier to rewrite the material terms of a deal after it is struck. And it does not let a change take away a right the Consumer Protection Law or the Protection of Privacy Law gives you.

19. General

If any part of these terms is found unenforceable, the rest continues to apply. Not enforcing a term on one occasion does not waive it. You may not transfer your account or these terms to someone else. We may transfer them as part of a sale or reorganisation of the business, without reducing your rights.

These terms, together with the privacy policy and your studio's own terms and policies, are the whole agreement about your use of the service. Where your studio's terms and these terms differ, your studio's terms govern the studio's service and these terms govern the software.

20. Contact

WitzLyne Ltd, 6 Vilna Street, Tel Aviv-Yafo, Israel, company number 517400826. Address for service in Israel: 6 Vilna Street, Tel Aviv-Yafo, Israel. Email isaac@getmakom.com.

A consumer complaint that your studio and we cannot resolve between us can go to the Israeli Consumer Protection and Fair Trade Authority, which sits under the Ministry of Economy and Industry. A privacy complaint can go to the Israeli Privacy Protection Authority, which sits under the Ministry of Justice. Both take complaints directly from the public.