Terms of Service

Effective [EFFECTIVE DATE] · Last updated [EFFECTIVE DATE]

FITLYTIX is not a medical service. It records what your trainer plans and what you do. It does not diagnose, treat or give medical advice. See section 8 before you start training.

1. Agreement

These terms are a contract between you and [LEGAL ENTITY], registered at [REGISTERED ADDRESS], India ("FITLYTIX", "we", "us"). By creating an account, accepting an invitation, or using the app or website, you agree to them. If you do not agree, do not use the service.

If you accept on behalf of a gym, you confirm you are authorised to bind it.

2. What FITLYTIX is

FITLYTIX is software for gyms and personal trainers. It provides client management, workout programming, nutrition planning, session scheduling and progress tracking. We supply the tools; the training itself is delivered by your gym and its trainers, not by us.

3. Accounts and roles

The platform has three roles, each with different access:

  • Gym owner / admin: manages the gym, invites trainers, sees all gym data
  • Trainer: manages assigned clients, builds programs, runs sessions
  • Client: sees their own plans, sessions and progress

Accounts are created by invitation. You are responsible for keeping your password confidential and for everything done under your account. Tell us immediately if you suspect unauthorised access.

You must be at least 15 years old to hold an account. If you are under 18, your gym must have verified your age and obtained verifiable consent from your parent or guardian before creating your account. Verifying age and obtaining that consent is the gym's responsibility, not ours.

4. Gym responsibilities

If you operate a gym on FITLYTIX, you agree that you:

  • Have obtained consent from each client before entering their health information
  • Will verify the age of every client before creating their account, and will not create an account for anyone under 15
  • Will obtain and retain verifiable consent from a parent or guardian for every client under 18, and will produce it on request
  • Will enter accurate data and keep it current
  • Will only invite trainers you have verified and authorised
  • Will remove access promptly when someone leaves
  • Are responsible for the training advice your trainers give
  • Hold whatever licences and insurance your local law requires

For client health and training records the gym is the data controller and FITLYTIX is the processor. See the Privacy Policy.

5. Trainer responsibilities

If you use FITLYTIX as a trainer, you agree to:

  • Use the service only for legitimate fitness training purposes
  • Treat client personal and health information as confidential
  • Open only the records of clients assigned to you
  • Enter data accurately and correct it when you learn it is wrong
  • Never share your login credentials with anyone
  • Report any suspected security breach to your gym and to us immediately
  • Not give medical, clinical or dietetic advice you are not qualified to give

6. Client responsibilities

Your programs, meal plans and targets are created by your trainer, not by FITLYTIX. Tell your trainer about any medical condition, injury, medication or pregnancy before you train, and tell them if anything changes. Keep the information you enter accurate, because your trainer plans around it.

7. Acceptable use

You must not:

  • Access data belonging to another gym, trainer or client
  • Share credentials, or let someone else use your account
  • Probe, scan or attempt to break the security of the service
  • Scrape, bulk-export or resell data you do not own
  • Upload malware, or anything unlawful, abusive or infringing
  • Reverse engineer the platform or build a competing product from it
  • Use the service to harass anyone or to give medical advice you are not qualified to give

We may suspend or terminate accounts that breach this section. Except where the law requires otherwise, fees already paid are not refunded on a termination for breach.

8. Health and safety

This section matters. Please read it.

  • FITLYTIX is a record-keeping and planning tool. It is not a medical device and does not provide medical advice.
  • Consult a qualified physician before starting any exercise or nutrition program, particularly if you have an existing condition, an injury, or are pregnant.
  • Calculated values such as BMI, body fat percentage and macronutrient targets are general estimates, not clinical assessments.
  • Workout and nutrition plans are created by your trainer, not by FITLYTIX. We do not review or endorse them.
  • Stop exercising and seek medical help if you feel pain, dizziness or shortness of breath.
  • You train at your own risk.

9. Data ownership

  • Your gym keeps its own content: as between FITLYTIX and the gym, the gym retains its rights in client records, programs, meal plans and session history. We claim no ownership over it.
  • We own the platform: FITLYTIX and its licensors retain all rights in the software, source code, design, branding, databases, templates and the built-in exercise and food libraries.
  • You grant us a licence to host, process and display your data solely to deliver the service.

10. Fees

Paid plans are billed in advance at the rate agreed when you subscribe. Fees are exclusive of GST and other applicable taxes unless stated otherwise. We will give at least 30 days' notice before changing the price of an existing subscription.

Late payment may lead to suspension. Except where the law requires otherwise, fees already paid are non-refundable.

11. Availability

We work to keep FITLYTIX available and reliable, but we do not guarantee uninterrupted service. We may take the platform down for maintenance, and we will give notice where we reasonably can. We may update, modify, replace or discontinue features from time to time. Where reasonably practicable, we will give advance notice of a change that significantly reduces the core functionality of a paid subscription.

12. Suspension, termination and account closure

  • Where a breach is minor and can be put right, we may suspend an account and give you a chance to fix it.
  • We may suspend or terminate immediately for serious breaches, including unauthorised access to client data, sharing credentials, or unlawful use of the service, and where the law requires it.
  • Your account also ends when your employment or contract with the gym ends.

How you close your own account depends on your role, because a gym has records it is required to keep:

  • Clients can request deletion from within the app and confirm it by email. This removes the account.
  • Trainers can ask to leave a gym from within the app. Access ends immediately and the gym's admins are notified.
  • Gym owners and admins should contact us, because an admin leaving can leave a gym with nobody able to run it.

On termination your access ends. Personal data is deleted, anonymised or retained in accordance with our Privacy Policy, applicable law and legitimate retention requirements. Deleted data may not be recoverable.

13. Disclaimers

The service is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be error-free, or that any fitness or health outcome will be achieved.

14. Limitation of liability

This section sets a cap on what we can be made to pay if something goes wrong. In plain terms: we are responsible for the software, and you are responsible for the training you deliver with it.

What we are not liable for. Knock-on losses. If the app is unavailable and you lose a day of bookings, or a member cancels, or you lose business you expected to win, we are not liable for that loss. This covers indirect, incidental, special and consequential loss, lost profits, lost data and business interruption.

The cap. Added together, everything we could be made to pay you is limited to whichever is higher: the total you paid us in the twelve months before the claim, or INR 10,000. So a gym paying us for a year can recover up to a year of fees, and no more.

What is never capped. This section does not apply to death or personal injury caused by our negligence, to fraud, or to anything the law says cannot be excluded. Those remain fully our responsibility whatever this document says.

15. Indemnity

This is the mirror image of the section above. It covers the situation where somebody sues us because of something you did.

If you use FITLYTIX on behalf of a gym, or in a professional or commercial capacity, you agree to cover our costs and any damages arising from how you used the service, your breach of these terms, the training or professional advice you actually delivered, your breach of applicable law, or the content and data you supplied.

What this means in practice. If a member is injured during a session at your gym and brings a claim naming FITLYTIX, you deal with it, because we did not design the program or supervise the session. We only stored the record of it. This is why section 4 asks you to hold the licences and insurance your local law requires.

This does not apply where the claim is our fault, for example a genuine defect in the software, and it does not apply to a client using FITLYTIX purely for their own personal training.

16. Your rights as a consumer

Nothing in these terms excludes or limits any right you have that cannot lawfully be excluded or limited, including under the Consumer Protection Act, 2019. Where a clause here conflicts with such a right, that right wins and the rest of these terms continue to apply.

17. App stores

This section applies only if you installed the FITLYTIX app from the Apple App Store or Google Play. These terms are between you and FITLYTIX only. Apple and Google are not parties to them and are not responsible for the app or its contents.

Licence. We grant you a personal, non-transferable, non-exclusive licence to use the app on devices you own or control, as permitted by the store's usage rules, for as long as your account is active. You may not redistribute, sublicense or make the app available over a network to anyone else.

  • Apple and Google have no obligation to provide any maintenance or support for the app.
  • Any claim that the app fails to conform to a warranty is ours to answer, not theirs. Where Apple's rules apply, you may notify Apple and Apple will refund any purchase price paid for the app; beyond that Apple has no warranty obligation.
  • Any claim relating to the app, including product liability, regulatory compliance and third-party intellectual property claims, is ours to handle.
  • You confirm you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
  • You must also comply with the applicable terms of the store you installed from.

Questions about the app should go to [LEGAL ENTITY], [REGISTERED ADDRESS], India, support@fitlytix.in.

18. Governing law

These terms are governed by the laws of India. Subject to any mandatory rights available to consumers under applicable law, the courts at [CITY] have exclusive jurisdiction over any dispute, and both parties agree to attempt good-faith resolution before starting proceedings. This does not prevent either party from seeking urgent injunctive relief from a court of competent jurisdiction.

19. Assignment, severability and entire agreement

We may assign or transfer our rights and obligations under these terms, including in connection with a merger, acquisition or sale of assets, provided this does not reduce your rights under them. You may not assign yours without our prior written consent.

If any provision is found invalid or unenforceable, the rest continue in full force. These terms, together with the Privacy Policy, are the entire agreement between you and FITLYTIX regarding the service and supersede any prior understanding.

20. Changes

We may update these terms. Where a change materially affects your rights or obligations, we will give reasonable notice by email or in the app before it takes effect, and we may require you to accept the updated terms before continuing to use some or all of the service.

21. Contact

[LEGAL ENTITY]
[REGISTERED ADDRESS], India
support@fitlytix.in