Fit-C Trainer Application – Terms & Conditions

1.Introduction and Acceptance

These Terms & Conditions (“Terms”) govern the access and use of the Fit-C Trainer Application and related services (“Trainer App”) by you as a trainer (“Trainer” or “you”). By registering for or using the Trainer App, you agree to be bound by these Terms, as well as our Privacy Policy. BJ Dhanvi Software Solutions Private Limited with brand name (“Fit-C,” “we,” or “us”) reserves the right to update or modify these Terms with notice. Your continued use after notification of changes constitutes acceptance.

2.Platform Role of Fit-C

Fit-C provides a technology platform that connects trainers, fitness centres, and end users. Fit-C is a software intermediary, not a fitness service provider or employer.

Independent Service Provider: Using the platform does not create any employment, agency, or partnership relationship between you and Fit-C. You provide training services as an independent professional.
No Employment Benefits: You are not an employee of Fit-C and are solely responsible for your own taxes, insurance, or registrations applicable to your work. You agree to indemnify Fit-C against any resulting employment-related liabilities.
No Guarantees of Business or Income: Fit-C does not guarantee any minimum number of clients, sessions, or earnings. Training engagements are between you and the client/Centre, not with Fit-C.

3.Trainer Eligibility and Account Registration

Minimum Age: You must be at least 18 years old.
Qualifications: You must possess relevant qualifications or experience. We reserve the right to request verification of your identity, qualifications, or background. Misrepresentation can lead to termination.
Account Creation: You must provide accurate and complete information and maintain the confidentiality of your login credentials. You are responsible for all activities under your account.
Affiliation with Centre: If linked to a Centre, you consent to Centre administrators viewing and managing certain aspects of your profile (e.g., schedule, assigned clients).
Single Account: You may maintain only one Trainer account unless explicitly approved by Fit-C.

4.Use of the Trainer App

You are granted a limited license to use the Trainer App solely for providing training/coaching services through the Fit-C platform.

Compliance with Laws and Policies: Use the app in compliance with all applicable laws (including data protection and copyright) and Fit-C's professional conduct guidelines (e.g., anti-harassment policies).
Professional Conduct: Maintain a high standard of professionalism and do not engage in abusive, discriminatory, or inappropriate behavior. Do not use in-app chat to solicit clients off-platform to circumvent fees.
No Unauthorized Use: Do not engage in hacking, testing vulnerabilities, introducing malware, or using automated means (bots/scripts) to access the platform.
Updates: It is your responsibility to install updates promptly for proper functioning and security.
Service Modifications: Fit-C may modify or discontinue features at any time. We are not liable for platform modification or suspension, but we will strive to give advance notice for major changes.

5.Content and Intellectual Property

Fit-C Intellectual Property: All content and technology in the Trainer App (code, design, trademarks) are owned by Fit-C. You may not copy, reverse engineer, or distribute our software.
Your Content: You remain the owner of the IP in your uploaded content (photos, workout plans, notes). You grant Fit-C a worldwide, royalty-free, sublicensable license to use your content as necessary to operate the service (e.g., displaying plans to your clients).
Content Guidelines: Warrant that your content is accurate, non-infringing, and lawful. Fit-C reserves the right to remove inappropriate content.
Third-Party IP: You must respect the IP rights of third parties (e.g., copyrighted music/videos) in materials you share via the platform. You shall indemnify Fit-C for claims arising from your infringement.

6.Payments and Fees

Trainer Earnings and Payouts (Centre Affiliated): If affiliated with a Centre, the Centre is responsible for paying your wages/fees. Fit-C's system may assist in payout calculation, but we do not guarantee the Centre’s payment obligations.
Independent Trainers: If you offer services independently, Fit-C may facilitate client payments. We will deduct any applicable service fee or commission (communicated in advance) and remit the remainder to you after required KYC verification.
Platform Fees: Downloading and using the Trainer App is currently free for trainers. If direct fees are ever introduced, we will inform you and obtain consent.
Taxes: You are solely responsible for determining and remitting taxes (e.g., income tax, GST) on your earnings. Fit-C may withhold tax (TDS) if required by law.
Payment Gateway and Delays: Payments rely on third-party processors. Fit-C is not liable for delays due to third-party systems or for payments sent to an incorrect account due to incorrect details provided by you.

7.Data Privacy and Confidentiality

Your Personal Data: Processed according to our Privacy Policy. You consent to the transfer/storage of your data within or outside India with adequate protection.
User Data Access: You must treat user/client data (name, contact, fitness statistics) as confidential and use it only for legitimate purposes of serving that user within the platform. Do not store user data outside the app.
Compliance with Data Protection Laws: You undertake to comply with Indian data protection laws (including the DPDP Act) regarding confidentiality and data security when handling user information.
Confidential Information of Fit-C: Any non-public information about Fit-C's systems, algorithms, or plans is confidential information that you must not disclose.
Survival: These privacy and confidentiality obligations continue even after you stop using the Trainer App.

8.No Warranties by Fit-C

The Trainer App and all related services are provided to you on an “as is” and “as available” basis, without warranties of any kind. To the maximum extent permitted by law:

Fit-C does not guarantee the platform will be error-free, uninterrupted, or meet all your expectations, nor do we warrant the amount of business you will achieve.
We make no warranty on outcomes (e.g., improved client retention or health benefits); the platform is a tool, and you remain responsible for professional service delivery.
We do not warrant the accuracy or completeness of any data or content provided through the app (e.g., user-provided information or AI suggestions); you must use professional judgment.

9.Limitation of Liability

No Indirect Damages: Fit-C is not liable for any indirect, incidental, special, consequential, or punitive damages (including loss of revenue or profits, or lost data).
Cap on Liability: Our total liability to you shall not exceed the amount of service fees you paid to Fit-C in the six (6) months preceding the claim, or INR 5,000, whichever is greater.
Centre/User Actions: Fit-C is not liable for the actions or omissions of any Centre or end user. Any obligations regarding training or incidents are the responsibility of the parties involved.

10.Indemnification

You agree to defend, indemnify, and hold harmless Fit-C and its affiliates, employees, and agents from all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or are related to:

Your use or misuse of the Trainer App or services.
Your breach of any of these Terms or violation of any law/third-party rights (e.g., IP infringement or data privacy violation).
Any dispute or issue between you and any Centre or client (including personal injury or contract dispute related to a training session).

If a claim arises from your conduct (e.g., training advice causing injury), you will indemnify Fit-C for our legal defense and any resulting liability.

11.Termination

Your Right to Terminate: You may stop using the Trainer App at any time and terminate your account by notifying Fit-C (e.g., via account deletion feature or support).
Fit-C’s Right to Terminate or Suspend: We may suspend or terminate your account with or without cause and with reasonable notice (or immediately for severe violations or illegal conduct).
Effect of Termination: Your right to access the App ceases. We will settle any outstanding legitimate payouts and remove or anonymize personal data. Indemnity, liability, confidentiality, and IP provisions survive termination.

12.Responsibility for Workouts, Training, and Fitness Advice

The Trainer acknowledges that all workout plans, training sessions, and health guidance provided to Users are independently created and delivered by the Trainer based on their expertise.

Fit-C does not supervise, verify, or endorse the suitability or safety of any fitness regimen. If a User suffers injury or complication, Fit-C shall bear no responsibility or liability whatsoever. The Trainer agrees to indemnify and hold harmless Fit-C against any resulting claims.

13.AI-Powered Engagement & Event Marketplace Participation

AI Modules: Fit-C’s AI modules (Chatbot, Engagement Engine) operate based on platform analytics and algorithms. Fit-C assumes no responsibility for the outcome, efficacy, or appropriateness of such automated interactions.
Event Marketplace: Trainers listing events are solely responsible for service quality, user safety, pricing, delivery, and customer satisfaction. Fit-C acts merely as a technology intermediary and is not liable for disputes, injuries, or damages arising from such events.
Compliance: The Trainer agrees to indemnify and hold harmless Fit-C against any legal or financial liability arising from their activities conducted through the platform's features.

14.Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of India, without regard to conflict of law principles.
Arbitration: Disputes, if unresolved by negotiation within 30 days, shall be finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Hyderabad, India.
Class Action Waiver: You waive any right to litigate or arbitrate any dispute as a class action or in a representative capacity.
Jurisdiction: Subject to the arbitration clause, the courts at Hyderabad, Telangana shall have exclusive jurisdiction for permitted court proceedings (e.g., enforcement of awards).

15.App Store Terms; Third-Party Beneficiaries

Acknowledgement: These Terms are between you and Fit-C only, not with any third-party app store provider (e.g., Apple or Google). Fit-C is solely responsible for the App's content and support.
Third-Party Beneficiaries: You acknowledge that the app store provider (Apple/Google) and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.
IP Claims: If a third party claims the App infringes their IP, Fit-C (not Apple or Google) will be solely responsible for the investigation, defense, and settlement.
Developer Contact: For questions, complaints, or claims, contact Fit-C at support@fit-c.com or call +91-XXX-XXXXXXX.

16.Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Fit-C.
No Waiver: Failure or delay in enforcing a provision does not constitute a waiver of that right.
Assignment: You may not assign or transfer your rights or obligations without our prior written consent.
Relationship: We are independent contracting parties. Nothing creates an agency, partnership, or employment relationship.
Force Majeure: Fit-C is not liable for delay or failure due to events outside its reasonable control (e.g., natural disasters, power outages).