In simple words
- If content on the FitOS Website, blog or App copies your work or breaks the law, email us at support@fitosapp.in.
- Your notice must include your name and contact details, a link to the content, what your work is, and a statement that your complaint is true.
- We acknowledge notices within 48 hours and act on valid notices promptly.
- While we check, we may hide or remove the content.
- The person whose content was removed can send a counter-notice if they believe we made a mistake.
- People who repeatedly infringe others' rights may lose their account.
- Do not send false or bad-faith notices. They can have legal consequences.
1. About this procedure
1.1 FitOS is operated by ApexGrid, a sole proprietorship based in Sikar, Rajasthan, India ("FitOS", "we", "us", "our"). FitOS is an ApexGrid product. Words such as Service, App, Website, Gym Owner, Member, Trainer, Account, Content and Personal Data have the same meaning as in our Terms of Service.
1.2 Much of the Content on FitOS is added by other people: articles and images on the blog, and information that Gym Owners, Trainers and Members add in the App. We respect the rights of creators and owners, and we expect our users to do the same.
1.3 This procedure explains how to tell us about Content that:
- infringes your copyright, for example an article, photo or image copied without permission;
- infringes your trade mark; or
- is otherwise unlawful or breaks our Acceptable Use Policy or Blog Contributor and Content Policy.
1.4 We follow this procedure as an intermediary under the Information Technology Act 2000 and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, and in line with the Copyright Act 1957, as they apply to us.
1.5 This procedure covers Content shown on the Website (https://fitosapp.in), the blog and the App. For Content inside a gym's own App records (for example, a member's photo), you may also contact the Gym Owner directly, because they decide what is stored for their gym.
2. How to send a notice
2.1 Send your notice by email to our designated contact:
| Name | ApexGrid (Grievance Officer) |
| support@fitosapp.in | |
| Address | Sikar, Rajasthan, India |
| Subject line | "Copyright notice" or "Content complaint" |
2.2 Please include all of the following. If something is missing, we may ask you for it, and we can only act once we have enough information.
- Your details: full name, postal address, email and phone number. If you act for someone else, for example a company or client, say who and in what capacity.
- The Content you are complaining about: the exact web address (URL) of each page, or, for the App, enough detail for us to find it (gym name, screen and what is shown).
- Your work or right: a description of the original work you own (with a link or a copy if possible), or the trade mark and its registration details, or the law or rule you believe is being broken.
- What is wrong: a short explanation of how the Content infringes your right or is unlawful.
- What you want us to do: for example, remove the Content, remove one image, or add credit.
- A good-faith statement: "I believe in good faith that the use of the material described above is not authorised by the owner, its agent or the law."
- A truth statement: "The information in this notice is accurate, and I am the owner of the right concerned or am authorised to act for the owner."
- Your signature: a typed full name at the end of the email is enough.
2.3 If your complaint is a court order or a direction from an authorised government agency, please attach a copy of the order and tell us who issued it.
2.4 If your complaint is about your own personal data or privacy rather than copyright, see our Privacy Policy. For other complaints about FitOS, see our Grievance page.
3. What we do after we receive a notice
3.1 Acknowledge. We acknowledge your notice within 48 hours.
3.2 Check. We check whether the notice is complete and whether the complaint appears valid. We may ask you for more information or proof of ownership.
3.3 Act. If the notice is valid, we act promptly. Depending on the case, we may:
- remove the Content or disable access to it;
- remove only part of it, such as one image or paragraph;
- hide the Content while we look into it;
- ask the person who posted it to fix it, for example by adding credit; or
- decide that no action is needed, and tell you why.
3.4 Court and government orders. We comply with valid orders from courts and authorised government agencies within the time the law requires.
3.5 Tell the poster. Where it is safe and lawful, we tell the person who posted the Content that it was removed or hidden, why, and how they can send a counter-notice. We may share your name and the content of your notice with them so they can respond. We will not share your phone number or address unless the law requires it.
3.6 Resolve. We aim to close every complaint within 30 days of receiving it, or sooner where the law requires.
3.7 Keep records. We keep a record of notices, counter-notices and the action taken, as explained in our Privacy Policy and as the law requires.
4. Counter-notice
4.1 If your Content was removed or hidden because of a notice, and you believe this was a mistake (for example, you own the work, you have permission, or your use is allowed by law), you can send a counter-notice to support@fitosapp.in.
4.2 Your counter-notice should include:
- your full name, postal address, email and phone number;
- the URL or description of the Content that was removed;
- why you believe the removal was a mistake, with any proof, such as a licence, permission or link to your original;
- a statement: "I believe in good faith that the material was removed or disabled as a result of a mistake or misidentification, and the information in this counter-notice is accurate";
- your typed full name as your signature.
4.3 We acknowledge counter-notices within 48 hours. We may share the counter-notice with the person who sent the original notice and give them a reasonable time to respond, for example by telling us they have started court proceedings.
4.4 After reviewing both sides, we decide whether to restore the Content, keep it removed, or keep it hidden for longer. We will tell both sides what we decided. If a court or authority is dealing with the matter, we follow its order.
4.5 We are not a court. We make a practical decision based on the information we have. Either side can still go to a court or other forum under the law.
5. Repeat infringers
5.1 We may suspend or close the account of any user who repeatedly posts Content that infringes others' rights.
5.2 As a general rule, if a writer receives valid copyright or trade mark complaints about more than one piece of Content, we may remove their trusted-writer status, stop them from submitting new articles, or close their writer account. For a serious or deliberate case, one valid complaint may be enough.
5.3 A complaint that was withdrawn, or reversed after a valid counter-notice, does not count.
5.4 For Gym Owners and other App users, suspension is handled under our Terms of Service and Acceptable Use Policy.
6. False or misleading notices
6.1 Please send a notice only if you are sure of your rights. A notice that is knowingly false or sent to harm someone else can lead to legal liability for the sender.
6.2 We may ignore notices that are clearly abusive, repeated without new information, or sent to harass a user. We may also stop accepting notices from someone who sends them in bad faith.
7. Our response targets
| Step | Target |
|---|---|
| Acknowledge a notice, counter-notice or complaint | Within 48 hours |
| Act on a valid notice | Promptly after we confirm it is valid |
| Comply with a valid court or government order | Within the time the law requires |
| Close the complaint and tell you the outcome | Within 30 days, or sooner where the law requires |
8. If you are not satisfied
8.1 If you are not satisfied with how we handled your notice or counter-notice, write to our Grievance Officer as described on our Grievance page. Please mention your earlier email and its date.
8.2 Nothing in this procedure takes away any right you have under law to approach a court, authority or other forum.
9. Changes
9.1 We may update this procedure to reflect changes in the law or in how FitOS works. We will post the new version on this page with a new date.