Fit-C User Application – Terms & Conditions

1.Introduction and Acceptance

Welcome to BJ Dhanvi Software Solutions Private Limited brand name Fit-C! These Terms & Conditions (“Terms”) govern the use of Fit-C, a software-as-a-service (SaaS) fitness platform (the “Service” or “Platform”). By registering an account or accessing any part of Fit-C, you agree to be bound by these Terms.

These Terms form a legally binding agreement between you and Fit-C (operated by BJ Dhanvi Software Solutions Private Limited., in India). We may update the Terms periodically, and continued use after changes are posted constitutes your acceptance.

Key Definitions: “User” (you) refers to end-users (e.g. gym members). “Trainer” and “Centre” (Fitness Centre) are collectively referred to as “Service Providers.”

2.Eligibility

Age: You must be at least 18 years of age to create an account. Individuals under 18 may only use Fit-C under the supervision of a parent or legal guardian.
Health Requirements: You represent that you have no medical condition that would make use of our fitness services unsafe. You agree to consult a doctor before starting any new workout or diet plan and participate in all activities at your own risk.

The Platform and its content are not intended to diagnose, treat, or provide medical advice.

3.Account Registration and Security

You agree to provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your login credentials. Do not share your password. You are liable for all activities conducted through your account and must notify Fit-C immediately of any suspected unauthorized use or security breach.

4.Services Overview

Fit-C provides a digital platform connecting Users, Trainers, and Centres, offering features like booking sessions, tracking progress, and receiving recommendations.

Intermediary Role: Fit-C acts primarily as a technology platform to facilitate connections. Fit-C is not a gym, healthcare provider, or employer of trainers. The actual fitness services and advice are provided by the Centres or Trainers, and Fit-C is not liable for their availability, suitability, or quality.

5.User Responsibilities and Conduct

You agree to use the Platform only for its intended purposes. You must not:

Misuse the Service: Do not engage in any fraudulent, abusive, or unlawful activity (e.g., harassment, posting offensive content).
Interfere with Operation: Do not attempt to disrupt or hack our systems, introduce malicious code, or bypass security measures.
Respect Intellectual Property: Use Platform content for personal, non-commercial use only. Do not copy, distribute, or modify our content or the content of other users/trainers without permission.
Follow Centre/Trainer Rules: Abide by the rules and safety instructions of any facility or trainer when attending a physical gym or class booked through Fit-C.

6.User-Generated Content and License

Content Affirmation: You affirm you have all necessary rights and permissions to share any content you post, and that such content does not violate any law or third-party rights.
License Grant to Fit-C: By submitting content, you grant Fit-C a worldwide, royalty-free, transferable license to use, copy, modify, and display that content in connection with operating and promoting the Platform (e.g., showcasing a success story).
Interaction and Recordings: By joining live-streamed sessions, you consent to your image/audio being visible and potentially recorded for quality or replay purposes. You waive any claims to royalties from such usage.

7.Platform Marketplace and Bookings

Bookings and Appointments: A booking is a contract directly between you and the Centre/Trainer. Fit-C assists with rebooking or refunds for cancelled sessions according to the provider's policy.
Centre/Trainer Policies: You are responsible for familiarizing yourself with the provider's policies (cancellations, no-shows, refunds). Fit-C is not liable for disputes arising from those policies or the quality of service execution.
Payments: All fees are due immediately and are generally non-refundable. Payment is facilitated through secure payment gateways.
In-App Purchases & Subscriptions: Billing and cancellation for in-app subscriptions are handled by Apple or Google (via your app store account settings). Refund requests are subject to the app store’s policies.

8.Relationships and Liability of Parties

No Professional Advice from Fit-C: Fitness information (including AI plans) is for general informational purposes only and is not individualized medical or nutritional advice. Fit-C disclaims liability for injuries or health issues you experience.
Service Provider Responsibility: Any advice or services given are the sole responsibility of the Trainer or Centre. Fit-C disclaims all liability arising from your reliance on information provided by them.
User and Provider Disputes: Disputes (e.g., poor service, injury, misleading info) must be resolved between you and the Trainer/Centre. Fit-C is not liable for any loss or damage arising out of issues between Users and third-party providers.
Release: You agree to release Fit-C and its affiliates from any claims or liability related to injuries, accidents, or health complications resulting from the inherent risks of fitness activities and third-party interactions.

9.Third-Party Integrations

Wearables and Health Apps: By connecting devices (e.g., Apple Health, Google Fit), you grant Fit-C permission to access and use that data for insights and personalized recommendations. Fit-C is not responsible for errors or delays in syncing third-party data.
Payment Gateways: Payments use third-party processors. Fit-C is not liable for any security breaches or payment errors on the part of those processors.
External Links: Fit-C is not responsible for content or materials on external sites linked from the Platform. Visiting these links is at your own risk.

10.Intellectual Property

All rights, title, and interest in the Fit-C Platform (software, code, databases, trademarks, design, and content) are the property of BJ Dhanvi Software Solutions Private Limited. You are granted a limited, non-transferable, non-exclusive, revocable license to use the app for personal use only. You must not copy, modify, or reverse engineer our software.

11.Disclaimer of Warranties

Fit-C is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Fit-C disclaims all warranties (express, implied, or statutory), including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee the Platform will be uninterrupted, secure, or error-free, or that any AI recommendations or user-contributed content are accurate or reliable.

12.Limitation of Liability

To the fullest extent permitted by law, Fit-C and its affiliates shall not be liable for any indirect, incidental, special, consequential, or exemplary damages (e.g., lost profits, loss of data, personal injury).

Maximum Liability: Our maximum aggregate liability to you is limited to the amount (if any) you paid to us for the service in the past 12 months, or INR 10,000, whichever is lower. If you have paid us no amounts in the period, we shall have no liability toward you for monetary damages.

13.Indemnification

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

Your use or misuse of the Platform.
Your violation of these Terms or any law/regulation.
Your infringement of any third-party rights (IP, privacy).
Any dispute between you and any third party (Trainers, Centres, or other users).

14.Suspension and Termination

Fit-C may, in its sole discretion, suspend or terminate your access to the Platform at any time and for any reason (e.g., violation of these Terms, non-payment). You are free to delete your account at any time. Relevant sections (Liability, Indemnification, Governing Law) survive termination.

15.Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of India.
Jurisdiction: Any legal action concerning these Terms shall be brought exclusively in the courts or tribunals of competent jurisdiction in Hyderabad, Telangana, India.
Arbitration (if opted): Fit-C may elect to resolve any dispute by binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in [City], India, and conducted on an individual basis only (no class actions).
Injunctive Relief: Fit-C reserves the right to seek injunctive relief in any court to prevent actual or threatened misuse of our intellectual property or data privacy rights.

16.App Store Platform Terms

Apple App Store/Google Play Store: These Terms are primarily between you and Fit-C, not the app store provider. However, the app store provider and its subsidiaries (Apple/Google) are third-party beneficiaries and have the right to enforce these Terms against you.
Warranty/Claims: Apple/Google have no warranty obligation for the app. All product liability, support, maintenance, and IP infringement claims are the sole responsibility of Fit-C.

17.Miscellaneous

Entire Agreement: These Terms (and incorporated policies) constitute the entire agreement.
Assignment: You may not assign or transfer your rights or obligations. Fit-C may freely assign these Terms.
Notices: Fit-C may provide notices via email, postal mail, or in-app notifications. You may contact us via email at support@fit-c.com or our Grievance Officer.