Terms of Service

These Terms of Service ("Terms") are an agreement between you and Zenthrive Studios, Godawari-11, Lalitpur, Nepal ("Zyken", "we", "us"), the operator of Zyken. They apply to the Zyken mobile app, the Zyken web portal and our public web pages (together, the "Service"). Please read them carefully.

1. Accepting these Terms

By creating an account, placing an order (including as a guest), buying a subscription or gym pass, or otherwise using the Service, you agree to these Terms, our Privacy Policy, our Refund & Cancellation Policy and our Community Guidelines. If you do not agree, do not use the Service.

If you join Zyken as a coach, vendor or gym, the partner terms for your role also apply: Coach Partner Terms, Vendor Partner Terms or Gym Partner Terms. If the partner terms and these Terms conflict on a partner matter, the partner terms prevail.

2. Who can use Zyken

• You must be at least 16 years old.
• If you are 16 or 17, you may use Zyken only with the consent of your parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use, including payments.
• You must be able to form a binding contract under the laws of Nepal and must not have been banned from Zyken before.
• Coaches, vendors and gyms must also meet the verification requirements in their partner terms.

3. Your account

• Phone verification. Your account is tied to a Nepali mobile number, which we verify with a one-time password (OTP). You may also add an email address and a password.
• Keep it secure. Never share an OTP with anyone. Zyken staff will never ask you for your OTP, password or wallet PIN. You are responsible for activity on your account unless it results from our failure to secure the Service.
• Accurate information. Keep your details accurate and up to date. Do not create accounts for other people without their permission or impersonate anyone.
• One person, one account. Accounts are personal and may not be sold or transferred.
• Tell us about misuse. If you think someone has accessed your account, email [email protected] straight away.

4. What Zyken is: a marketplace

Zyken is a technology platform that connects you with independent fitness coaches, store vendors and partner gyms. It also provides tools such as workout tracking, a social feed and chat.

• Partners are independent. Coaches, vendors and gyms are independent businesses or professionals. They are not employees, agents or representatives of Zyken. Each partner is responsible for the services and products they provide, including their quality, safety, legality and accuracy.
• Zyken as intermediary. Unless a listing clearly says Zyken is the seller, the contract for coaching, products or gym access is between you and the partner. Zyken facilitates that contract, verifies partners as described in the partner terms, and provides support and dispute handling.
• Payment collection. When you pay through Zyken, Zyken collects the payment as a limited collection agent for the partner. Your payment to Zyken counts as payment to the partner. Zyken passes the amount to the partner after deducting its commission and any fees, on the payout schedule in the partner terms.
• Verification is not a guarantee. We check coaches' documents, vendors' licences and gyms' registrations before approving them. This reduces risk but does not guarantee any partner's performance or advice.

5. Health and fitness disclaimer

Zyken is not a medical service and does not give medical advice. Content in the app, workout and nutrition plans, and advice from coaches are for general fitness purposes only and are not a substitute for professional medical diagnosis or treatment.

• Talk to a doctor first before starting any new exercise, diet or supplement programme, especially if you are pregnant, have a medical condition or injury, take medication, or answered "yes" to any question in the readiness questionnaire in the app.
• Stop immediately if you feel pain, dizziness, shortness of breath, chest discomfort or feel unwell, and seek medical help. In an emergency call 102 (ambulance) or 100 (police).
• Coaches' advice is their own. Coaches are independent and responsible for their advice and plans. Tell your coach about any health conditions, and do not follow advice that feels unsafe.
• You exercise at your own risk, subject to section 19 (Limitation of liability) and the rights you have under Nepali law.
• Supplements sold on Zyken are food or nutrition products, not medicines. Read the label and follow the directions.

Zyken Care. If you use Zyken Care (health readings, medicine reminders, family circle, Care programs and guides):

• General information and reminders only. Zyken Care does not diagnose, prescribe, set treatment targets or change your medicines. Reading results, safety messages, programs and guides are general information based on international guidelines. Follow your doctor's advice, and never start, stop or change a medicine or its dose because of something you saw in Zyken.
• Reminders can fail. Medicine reminders are notifications on your phone. They may not appear if your phone is off or out of battery, notifications or alarms are turned off, the app is removed, or you are signed out. You remain responsible for taking your medicines as prescribed.
• Not an emergency service. Zyken staff and clinicians do not watch your readings, and family alerts can be delayed or may not arrive. In an emergency call 102 (ambulance).
• Family members you add can see what you share. Each person you add to your Care circle can see the information in the scopes you give them until you or they remove it. Add only people you trust, and only with their permission. See the Privacy Policy.
• Clearance for pregnancy and after birth. Care programs for pregnancy and the post-partum period require clearance from your doctor or midwife. When the app asks, you confirm truthfully that you have been cleared. Do not use these programs if you have not.

6. Coaching

6.1 Packages

Coaches offer packages with a price in NPR, a billing period (single session, weekly, monthly or quarterly), a number of sessions per period, a session length, and a mode (online, in person or chat only). Packages may include chat, a workout plan and/or a nutrition plan, as stated on the package.

6.2 Buying and periods

• A subscription is created when you choose a package and is activated when your payment is confirmed through eSewa, Khalti or Fonepay.
• The period starts on activation and lasts 7 days (weekly), 30 days (monthly or single session) or 90 days (quarterly). A renewal bought before the current period ends starts when the current period ends.
• Your sessions for the period are credited on activation. Unused sessions do not carry over to the next period.

6.3 Sessions

• You request a session in one of the coach's free slots (bookable up to 14 days ahead, within your period). The coach then confirms it and may add a meeting link or gym branch.
• Cancelling: you or your coach may cancel a session before it starts. If you cancel 12 hours or more before the start, the session credit is returned. If you cancel less than 12 hours before the start, the credit is used. If the coach cancels, the credit is always returned.
• No-shows: if you miss a confirmed session, the coach may mark it as a no-show and the credit is used.
• Confirmed sessions are marked completed automatically 2 hours after their scheduled end unless the coach records otherwise.
• We send reminders 60 and 10 minutes before a confirmed session.

6.4 Pause, cancellation, expiry and renewal

• Pause: an active subscription can be paused. When it is resumed, the period end moves later by the time it was paused.
• Cancel: you or your coach can cancel a subscription. Upcoming sessions are cancelled, and plans assigned under the subscription stop. Refunds are handled under the Refund & Cancellation Policy.
• Expiry: at the end of the period the subscription expires automatically, and any sessions still booked after that are cancelled.
• Renewal is never automatic. We remind you 3 days before the end, and you renew by paying for the next period in the app. We never charge you without your action.

6.5 Reviews

You can review a coach after a paid package subscription has at least one completed session or has ended. One review per subscription. You can edit your review for 30 days. Coaches can reply. Reviews must be honest and follow the Community Guidelines.

7. Partner gyms

• Plans. Gyms sell memberships (a number of days, with unlimited or limited visits) and single-day passes, valid at all or selected branches. The price, duration, visit limit and branches shown when you buy are saved with your membership and will not change during its term.
• Buying. You choose a start date from today up to 30 days ahead and pay through eSewa, Khalti or Fonepay. The membership becomes active when payment is confirmed. If the start date passed while you were paying, it starts that day.
• QR pass. Your pass is a QR code in the app that changes about every 30 seconds. Gym staff scan it at entry. Screenshots will not work. One visit is counted at most once every 4 hours at the same gym.
• Gym rules apply. You must follow the gym's own rules, safety instructions and staff directions. The gym is responsible for its premises, equipment and staff.
• Cancellation. You can cancel an unpaid membership in the app. Paid memberships and passes cannot be cancelled in the app. See the Refund & Cancellation Policy.
• Renewal. Memberships can be renewed to start the day after the current one ends. Day passes cannot be renewed. We remind you 7 days and 1 day before a membership ends.

8. Store orders

• Listings. Products are sold by independent vendors. Product listings are reviewed by Zyken before they appear. Vendors are responsible for their product descriptions, labels and legal compliance.
• "Verified Authentic." This badge means Zyken has verified that the brand or product is supplied through the brand or its authorised distribution channel. See the Vendor Partner Terms.
• Prices. Prices are in Nepalese rupees (NPR) and include VAT where applicable. The price you pay is the price shown at checkout. If a price is clearly wrong, we may cancel the order and refund you in full.
• Stock. Items are held for you when you place an order. For online payments, the hold lasts 30 minutes. If payment is not completed in that time, the order is cancelled and the items are released.
• Shipping. Each vendor ships its items separately, so an order with items from different vendors arrives in more than one package, and each package has its own delivery fee. The fee depends on your delivery area (district) and the package's weight, and is shown for each package at checkout before you pay. Delivery is free when your order reaches the free-delivery amount shown at checkout (NPR 5,000 unless a different amount is shown for your area; counted before any promo code), and some vendors offer free delivery on their own items above an amount they set. You can track each package in the app.
• Delivery. The estimated delivery time for your area is shown at checkout; delivery times are estimates. Cash on delivery may not be available in every area. Please check your parcel on delivery and report any problem within the time limits in the Refund & Cancellation Policy.
• Guest checkout. You can buy without an account after verifying your phone number (or email) with an OTP. Guest orders are covered by these Terms.

9. Payments

• All payments on Zyken are in NPR.
• Available methods: eSewa, Khalti and Fonepay for all purchases; cash on delivery and bank transfer (bank slip) for store orders only. Cash on delivery may be limited to orders under a set amount, which is shown at checkout.
• Wallet payments are processed by the provider on its own page or app, under its own terms. Zyken never receives your wallet PIN, password or card details.
• Cash on delivery: pay the courier the order total when your order arrives.
• Bank slip: transfer the total to the account shown at checkout and upload a photo of the slip. Our team reviews it. If it is rejected, we tell you why and you have 48 hours (or the time shown in the app) to upload a new slip, otherwise the order is cancelled.
• Receipts are available in the app and emailed to the address on your order.
• You must not use a payment method you are not authorised to use.

10. Cancellations and refunds

Cancellations, returns and refunds for orders, coaching and gym memberships are covered by our Refund & Cancellation Policy, which forms part of these Terms.

11. Promotions and referrals

• Promo codes. Zyken, and coaches, vendors and gyms for their own products, packages and plans, may offer promo codes. Each code has its own conditions (discount, minimum spend, what it applies to, validity dates, number of uses, first purchase or new members only), which are shown in the app. A code is checked when you apply it and again when you buy.
• One code per purchase. Codes can't be combined with each other. A code applies to the current price, including a sale price already shown, and never to delivery charges. Codes are reserved when you place the order and returned if the purchase is cancelled or not paid.
• No cash value. Promo codes and referral rewards have no cash value. They can't be exchanged for cash, transferred, sold or used after they expire. If you get a refund for a discounted purchase, you get back what you actually paid, not the discount.
• Referrals. You can invite friends with your referral code. A referral counts only when your friend is new to Zyken, enters your code within the time shown in the app, and completes a first paid purchase of at least the amount shown. You and your friend each then get a single-use reward code. Rewards per person may be capped each month.
• Abuse voids rewards. Referring yourself (for example with another account, phone, device or payment account), fake or duplicate accounts, reselling codes or any other misuse voids the referral and its rewards, and unused codes are switched off. We may also take the steps in section 14.
• Changes. Zyken may change, suspend or end any promotion or the referral programme at any time. This doesn't affect rewards already used, and we honour codes already applied to a purchase you have paid for.

12. Your content

• You own your content. Posts, comments, photos, videos, messages, reviews and other content you upload ("your content") remain yours.
• Licence to us. You give Zyken a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, resize, display and share your content only as needed to operate and provide the Service — for example, to show your post to the audience you chose or deliver your chat message. This licence ends when you delete the content or your account, except for copies we must keep by law or that others have already received (for example, messages in a chat).
• Your responsibility. You confirm you have the rights to your content, including consent from anyone who appears in your photos (especially before/after photos).
• We don't sell your content or use it in advertising.

13. Prohibited conduct

You must not:

• break any law of Nepal, or help anyone else do so;
• harass, threaten, bully, body-shame or discriminate against anyone, or post hateful, sexual, violent or self-harm-promoting content;
• promote or sell anabolic steroids, SARMs, prohibited stimulants, prescription drugs or unregistered supplements;
• post spam, scams or misleading health claims;
• arrange payments outside Zyken for coaching, products or gym passes that were found through Zyken;
• impersonate a person, coach, brand or Zyken;
• share another person's private or medical information without permission;
• sell counterfeit, expired or tampered products;
• copy, scrape or harvest data from the Service, or use bots or automated tools without our permission;
• try to break, overload or bypass the security of the Service, reverse-engineer it, or access accounts or data that are not yours;
• misuse reporting tools, reviews or ratings, including fake reviews;
• upload viruses or harmful code.

14. Community, moderation and enforcement

• The Community Guidelines apply to everything you post, comment, send or review.
• Zero tolerance. There is no tolerance for objectionable content or abusive users on Zyken. By using the Service you agree not to post objectionable content or abuse other people; if you do, your content will be removed and your account may be suspended or permanently closed.
• Anyone can report a post, comment, member, chat message or coach review, and block any member. Our moderators review reports within 24 hours and may remove content.
• If you break these Terms or the Community Guidelines, we may, depending on how serious it is: remove content; give a warning; suspend your account for a set time; or permanently close it. A suspended account cannot sign in or use the Service until the suspension ends. For serious harm or illegal activity we may act immediately and report it to the authorities.
• We will tell you what action we took and why (the reason and, where useful, a moderator's note; for a suspension, its end date). You can appeal by emailing [email protected].

15. Intellectual property

The Zyken name, logo, app, website, design, software, exercise library and Zyken-created content belong to Zenthrive Studios or its licensors and are protected by law. We give you a personal, non-exclusive, non-transferable, revocable licence to use the app and Service for their intended purpose. You may not copy, modify, distribute or create derivative works from them without our written permission. Partners' names, logos and content belong to them.

If you believe content on Zyken infringes your copyright or trademark, email us with details and we will review it.

16. Third-party services

The Service relies on third parties, including payment providers (eSewa, Khalti, Fonepay), SMS and email providers, map tiles from OpenStreetMap, and external meeting links that coaches may share. Their services are governed by their own terms. We are not responsible for third-party services we do not control, but we will help you resolve problems connected to your Zyken transactions.

17. Ending your use

• You can stop using Zyken at any time and delete your account in the app or at /delete-account. Some things must be finished first (for example, undelivered orders or active subscriptions). Deletion happens after a 14-day grace period; signing in during that time cancels it. See the Privacy Policy for what is deleted and what is kept.
• We may suspend or close your account under section 14, if required by law, or if you have not used it for a long time, with notice where reasonable.
• On closure, your right to use the Service ends. Sections that by their nature should continue (for example, payments owed, content licence for content already shared, disclaimers, limitation of liability, indemnity and governing law) continue to apply.

18. Disclaimers

We work hard to keep Zyken available, accurate and secure. However, the Service is provided "as is" and "as available". To the extent permitted by law, we do not promise that it will always be uninterrupted or error-free, or that any fitness result will be achieved. We are not responsible for the advice, services or products of independent coaches, vendors or gyms, except for our own obligations as the platform operator under these Terms and the law.

19. Limitation of liability

To the extent permitted by the laws of Nepal:

1. Zyken is not liable for indirect or consequential loss, such as loss of profit, data or opportunity, that was not reasonably foreseeable.
2. Zyken's total liability to you for all claims relating to the Service is limited to the greater of the amount you paid to Zyken in the 3 months before the event giving rise to the claim, or NPR 10,000.

Nothing in these Terms limits or excludes liability that cannot be limited under Nepali law, including liability for death or personal injury caused by our negligence, for fraud, or your rights as a consumer under the Consumer Protection Act, 2075 (2018).

20. Indemnity

If you break these Terms or the law, or your content infringes someone's rights, and this causes a claim against Zyken, you agree to cover Zyken's reasonable losses and costs arising from that claim, to the extent the law allows. This does not apply to the extent the loss was caused by Zyken.

21. Governing law and disputes

• These Terms are governed by the laws of Nepal.
• Talk to us first. If you have a dispute with Zyken, email [email protected]. We will acknowledge it within 3 business days and try to resolve it amicably within 30 days. Disputes with a partner can also be raised with us, and we will help mediate.
• If the dispute is not resolved, it will be decided by the competent courts of Nepal, namely the District Court, Lalitpur or the Kathmandu District Court, without affecting any right you have to approach a consumer authority or court under Nepali consumer protection law.

22. Changes to these Terms

We may update these Terms to reflect changes to the Service or the law. Each version is numbered and dated. For material changes, we will ask you to review and accept the new Terms in the app before you continue using Zyken. If you do not accept, you may stop using Zyken and delete your account.

23. General

• If any part of these Terms is found unenforceable, the rest remains in force.
• If we do not enforce a right immediately, we have not waived it.
• You may not transfer your rights under these Terms. We may transfer ours to a successor operator of Zyken, who must honour them.
• These Terms, together with the documents they refer to, are the whole agreement between you and Zyken about the Service.
• These Terms may be offered in English and Nepali. If the two differ, the version in the language you accepted applies, and in case of doubt the English version prevails.

24. Contact

Zenthrive Studios (Zyken) Godawari-11, Lalitpur, Nepal Email: [email protected]