Terms of Service (Gym Owner ke liye)Terms of Service (Gym Owner ke liye)

In simple words

• This is a contract between your gym and FitOS. You accept it by ticking the box when you sign up.
• FitOS is a record-keeping and check-in tool. We are not a bank, payment company, escrow or fitness/medical adviser.
• Your Members pay you directly (UPI, cash and so on). The UTR check in the App helps you keep records. It does not guarantee that money was received.
• The data about your Members and Trainers belongs to your gym. You decide how it is used, so you must inform them, get consent where needed, and get a parent or guardian's consent for anyone under 18.
• Free trial: 7 days, up to 25 Members, once per gym. When the trial ends, the Account goes straight to READ_ONLY (view and export only). When a paid plan ends you get 3 days of GRACE, then READ_ONLY.
• If your Account is closed, you have 30 days to export your data.
• We give support on a best-effort basis and do not promise any fixed uptime. Our total liability is limited to the fees you paid in the last 12 months, to the extent the law allows.
• Indian law applies. We first try to settle any dispute by talking for 30 days; after that, the courts at Sikar, Rajasthan. Your statutory consumer rights are not affected.

1. Who we are and acceptance

1.1 FitOS is a gym management service, presented as "an ApexGrid product". ApexGrid is a brand name only. The Service is currently operated by ApexGrid, a sole proprietorship, at Sikar, Rajasthan, India ("FitOS", "we", "us", "our"). You can contact us at support@fitosapp.in or +91 95093 94469.

1.2 These Terms of Service ("Terms") are a binding agreement between FitOS and the person or business that signs up to use FitOS to manage a gym (the "Gym Owner", "you", "your").

1.3 You accept these Terms, the Data Processing Addendum and the Privacy Policy by ticking the acceptance box and creating an Account. If you do not agree, do not create an Account or use the Service.

1.4 If you sign up on behalf of a gym that is a firm, company, partnership or other business, you confirm that you have the authority to bind that business to these Terms. In that case "Gym Owner" means that business, and you personally confirm that the information you give us is true.

1.5 You must be at least 18 years old and legally able to enter into a contract under Indian law to accept these Terms.

2. Definitions

2.1 In these Terms:

• Account means the account created for a Gym Owner, Trainer or Member to use the App.
• App means the FitOS mobile application (Android now, iPhone later) and any web version of it, including at app.fitosapp.in if we launch one.
• Content means any text, data, images, files or other material that is entered, uploaded or created in the Service by you, your Trainers or your Members.
• Gym Data means all Content and Personal Data relating to your gym, your Members and your Trainers that is stored in the Service.
• Member means a person whom you add to your gym in the App, or who joins your gym through an invite.
• Personal Data means any data about an individual who can be identified by or in relation to that data.
• Plan means the subscription plan you choose, as listed in Schedule 1.
• Service means the App, the Website (where it relates to your Account), and the related features, support and updates we provide.
• Trainer means a staff member or trainer whom you invite to your gym in the App.
• Website means https://fitosapp.in and its pages.

2.2 Headings are for convenience only. "Including" means "including without limitation". Words in the singular include the plural.

3. The Service and what it is not

3.1 FitOS helps you run your gym. It lets you keep records of Members, Plans, batches, attendance, fees, dues and payments; run QR check-in; give Trainers limited access; and send reminders and messages that you choose to send.

3.2 FitOS is a record-keeping and check-in tool. FitOS is not:

• a bank, payment aggregator, payment gateway, payment institution, wallet or escrow service;
• a party to the membership contract between you and your Members;
• a fitness, health, nutrition or medical adviser; or
• a guarantor of any payment, attendance or other record.

3.3 We do not collect, hold or move money between you and your Members. Any message the App opens in WhatsApp is sent by you from your own WhatsApp account; we do not use an automated WhatsApp service to message your Members.

3.4 The Service is designed for record-keeping, not for health information. Do not use it to store ID proof, health, medical or injury information, or body measurements. The App does not ask for these, and you must not enter them in free-text fields.

3.5 We may improve, change or remove features over time. If we remove a feature that is a main part of your paid Plan, we will give you reasonable notice and, if you are materially affected, you may end your Plan under clause 21.

4. Accounts, staff and security

4.1 One Gym Owner Account is linked to one gym. If you run more than one gym, each gym needs its own Account and Plan unless Schedule 1 says otherwise.

4.2 You must give true, current and complete information when you sign up (including your name, phone, email, gym name, gym address and UPI ID) and keep it up to date.

4.3 You may invite Trainers to your gym. Each Trainer gets their own Account with permissions that you set. Some information, such as money and fee details, is masked for Trainers on our servers unless you give them permission to see it.

4.4 A Trainer must set a secure password and complete their first login within 72 hours of your invite. If they do not, the invite expires and you will need to send a new one.

4.5 You are responsible for:

• choosing which Trainers to invite and what permissions to give them;
• removing access promptly when a Trainer leaves your gym;
• everything done through your Account and your Trainers' Accounts; and
• keeping your login details safe and not sharing them.

4.6 Tell us immediately at support@fitosapp.in or +91 95093 94469 if you think anyone has accessed your Account without permission.

5. Free trial

5.1 A new gym may use a free trial for 7 days with up to 25 Members. No payment details are needed to start the trial.

5.2 The trial is available once per gym. We may refuse or end a trial if we reasonably believe it is being repeated for the same gym (for example, using a new phone number or email).

5.3 At the end of the trial, unless you buy a Plan, your Account moves straight to READ_ONLY as set out in clause 6. There is no GRACE period after a trial.

6. Plans, limits and access states

6.1 The Plans, prices and limits (such as the number of Members and Trainers) are set out in Schedule 1 and in the App. If you go over a limit, you may need to upgrade before adding more Members or Trainers.

6.2 Your Account will always be in one of these access states:

6.3 Your Account returns to ACTIVE once your payment is verified.

6.4 While your Account is READ_ONLY, QR check-in and new entries stop working for your gym. Please tell your Members and Trainers if this may happen.

6.5 We will keep your Gym Data while your Account is in READ_ONLY or SUSPENDED. If it stays unpaid for a long time, we may contact you and, after giving at least 30 days' notice, close the Account under clause 21.3.

7. Fees, payment and taxes

7.1 You must pay the fees for your Plan in advance for each billing period. Fees are shown in Schedule 1 and in the App.

7.2 For now, you pay by UPI to FitOS's UPI ID shown on our official payment page (on the Website, or in the App where available) and enter the UTR (transaction reference) on that page. Our team checks the UTR and then activates or renews your Plan. We may add a payment gateway later; if we do, its own terms will also apply to payments made through it.

7.3 Submitting a false or someone else's UTR is a serious breach of these Terms.

7.4 We may change our prices by giving you at least 30 days' notice. A new price applies from your next billing period after the notice ends. If you do not agree, you can choose not to renew.

7.5 Fees are stated in Indian rupees. We are not registered for GST at present and will issue a payment receipt. If we register for GST, applicable taxes will be added as required by law and we will issue tax invoices.

7.6 Refunds are governed by our Refund Policy. In short, once a paid period has started it is not refundable, except in the cases listed in that policy and where the law requires a refund. Those cases include a refund of the unused part of your paid period if we end the Service without cause (clause 21.4), if you end your Plan after rejecting a material change to these Terms (clause 23.3), or if you end your Plan after an unresolved objection to a new sub-processor (clause 8.3 of the DPA).

8. Your data and our licence to use it

8.1 As between you and us, you own your Gym Data. We do not claim ownership of it.

8.2 You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit and display Gym Data only as needed to provide, secure, support and improve the Service, to comply with law, and as described in the Data Processing Addendum.

8.3 We will not sell Gym Data, and we will not use your Members' Personal Data to market our own products to them.

8.4 We may create and use aggregated, de-identified statistics (for example, the total number of check-ins across FitOS) that do not identify you, your gym, any Member or any Trainer.

8.5 For your own Account details, we are the Data Fiduciary and our Privacy Policy applies.

9. Your duties for Member and Trainer data

9.1 For Personal Data of your Members and Trainers, you decide why and how it is processed. You are the Data Fiduciary and we are your Data Processor, as set out in the Data Processing Addendum, which forms part of these Terms.

9.2 You must:

• have a lawful basis (such as consent) for entering each Member's and Trainer's Personal Data into the Service;
• give your Members and Trainers a clear notice about what data you keep and why (you may use the template notice we provide in the App or on request);
• for any Member under 18, obtain and keep a record of verifiable consent from a parent or lawful guardian before adding them;
• keep the data accurate and up to date;
• collect only what you need, and not enter the kinds of data listed in clause 3.4;
• respond to Members' and Trainers' requests to access, correct or erase their data, and to their complaints, as required by law (we will help as set out in the DPA); and
• follow the data protection laws that apply to you, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, as their provisions apply.

9.3 Optional Member photos may only be added with that Member's (or guardian's) agreement.

9.4 You will compensate us for reasonable losses, costs (including reasonable legal fees) and penalties we suffer because of a claim or action by a Member, Trainer or authority that arises from your breach of this clause 9. This does not apply to the extent the loss was caused by our own breach of these Terms or the DPA.

10. Payments between you and your Members

10.1 Membership fees and any other money are paid directly between you and your Members, by UPI, cash or any other method you agree. We are not involved in that payment and do not receive it.

10.2 The App offers a two-sided UTR verification: a Member can enter the UTR of a payment, and you confirm it in the App. This is a record-keeping aid only. It does not check with any bank that money was received and is not a guarantee of payment.

10.3 You must check your own bank or UPI account before confirming a payment. You are responsible for your membership terms, fees, discounts, coupons, refunds and disputes with Members. We are not responsible for any unpaid, wrong or disputed payment between you and a Member.

11. Ledger, corrections, archive and deletion

11.1 Payment and fee records in the App work as a ledger that can only be added to. Once saved, a payment entry is not edited or deleted. To fix a mistake or record a refund, you add a new correcting entry. This keeps an honest history for you and your Members.

11.2 You can archive Members and some other records. Archived records are hidden from your normal view but stay on our servers. Only FitOS staff can restore or permanently delete archived records, and they will do so on your written request (subject to clause 11.3).

11.3 Payment and ledger records may be kept for as long as required by law (for example, tax and accounting laws), even if other data is deleted.

11.4 Members and Trainers can request deletion of their Account in the App or at /delete-account. Where the request concerns Gym Data, we will handle it with you as set out in the DPA.

12. Acceptable use

12.1 You and your Trainers must follow our Acceptable Use Policy. In particular, you must not:

• use the Service for anything unlawful, fraudulent or misleading;
• add people as Members without a lawful basis, or send them messages they have not agreed to receive;
• enter false records, false UTRs or another person's data without permission;
• try to access another gym's data, or get around access controls, limits or Trainer masking;
• copy, reverse engineer, scrape or resell the Service, except as the law allows; or
• upload malware or overload or disrupt the Service.

13. Intellectual property and feedback

13.1 We (and our licensors) own the Service, including the software, design, the FitOS name and logos, and all related intellectual property. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your own gym during your Plan. No other rights are given.

13.2 If you give us ideas or feedback, we may use them freely without paying you or naming you. This does not give us any right to your Gym Data.

14. Confidentiality

14.1 Each of us may receive non-public information from the other (for example, your business records or our non-public product plans). The receiving party will keep it confidential, use it only for the purposes of these Terms, and share it only with people who need to know it and are bound by similar duties.

14.2 This does not apply to information that is already public (other than through a breach), was already lawfully known, is independently developed, or must be disclosed by law or by an order of a court or authority (in which case, where allowed, the disclosing party will give notice).

14.3 FitOS staff with superadmin access view Gym Data only to give support at your request, to investigate security or abuse, to verify billing, or where the law requires. Such access is logged.

15. Availability and support

15.1 We work hard to keep the Service running, but we provide it on a best-effort basis. We do not guarantee any particular uptime, and the Service may sometimes be unavailable, slow or have errors, including during maintenance, updates or problems with our service providers or the internet.

15.2 We will try to give advance notice of planned maintenance that may affect you.

15.3 Support is available as set out in Schedule 2 and our Support Policy.

15.4 You are responsible for your own devices, internet connection and for keeping the App updated. Export your important records regularly.

16. Disclaimer

16.1 To the extent permitted by law, the Service is provided "as is" and "as available". We do not give any warranty, express or implied, that the Service will meet all your needs, be error-free or uninterrupted, or that any report, reminder or record will be complete or accurate.

16.2 Nothing in these Terms excludes any warranty or right that cannot be excluded under Indian law.

17. Limitation of liability

17.1 Nothing in these Terms limits or excludes liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot be limited or excluded under applicable law.

17.2 Subject to clause 17.1 and to the extent permitted by law, neither party is liable to the other for any indirect or consequential loss, or for loss of profit, revenue, business or goodwill, arising out of these Terms.

17.3 Subject to clause 17.1 and to the extent permitted by law, our total liability to you for all claims arising out of or relating to these Terms and the Service in any 12-month period is limited to the total fees you paid us for the Service in the 12 months before the event giving rise to the claim.

17.4 We are not responsible for losses caused by your Members, your Trainers, your own actions, payments between you and your Members, or third-party services you choose to use (such as WhatsApp or your bank or UPI app).

18. Indemnities

18.1 You will compensate us for reasonable losses, costs (including reasonable legal fees) and penalties arising from a third-party claim caused by: (a) your breach of these Terms or the law; (b) your Gym Data; (c) your membership terms or dealings with your Members and Trainers; or (d) a claim covered by clause 9.4.

18.2 We will compensate you for reasonable losses and costs arising from a third-party claim that your use of the Service, as provided by us and used in line with these Terms, infringes that third party's intellectual property rights in India. This does not cover claims caused by your Gym Data or by changes or combinations not made by us.

18.3 The party seeking compensation must promptly tell the other party about the claim, allow it reasonable control of the defence and settlement, and give reasonable help. No settlement admitting fault on behalf of the other party may be made without its consent.

18.4 Our liability under clause 18.2 is subject to clause 17.

19. Force majeure

19.1 Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, epidemics, war, riots, government action, power or internet failures, or failures of hosting or other service providers. The affected party will try to reduce the effect and resume as soon as reasonably possible. This clause does not excuse payment of fees for a period in which the Service was provided.

20. Suspension

20.1 We may suspend your Account (SUSPENDED state), fully or partly, if:

• you have not paid and your Account has been in READ_ONLY for 30 days, and we have reminded you before suspending;
• we reasonably believe you or your Trainers are seriously breaching these Terms or the Acceptable Use Policy, including submitting false UTRs;
• it is needed to prevent harm to the Service, other gyms or any person, or to deal with a security threat; or
• the law or a lawful order requires it.

20.2 Where reasonable, we will give you notice and a chance to fix the problem before suspending. In urgent cases (security, fraud, legal requirement) we may suspend first and then tell you promptly with the reason.

20.3 During suspension, your Gym Data stays stored. Unless the law or a security reason prevents it, we will on request give you a way to export your Gym Data.

20.4 We will lift a suspension once the reason for it has been fixed.

21. Termination

21.1 By you: You may stop using the Service at any time and ask us to close your Account through the App or at support@fitosapp.in. Fees already paid are dealt with under the Refund Policy.

21.2 By us for breach: We may end these Terms by written notice if you materially breach them and do not fix the breach within 15 days of our notice, or immediately if the breach cannot be fixed or involves fraud or serious misuse.

21.3 By us for non-payment: If your Account stays unpaid, we may end these Terms by giving at least 30 days' notice.

21.4 By us for any other reason: We may stop providing the Service to you, or stop the Service altogether, by giving at least 30 days' notice. If we do this during a paid period, we will refund the fees for the unused part of that period.

21.5 After termination: You have 30 days from the date of termination to export your Gym Data (for example, as a spreadsheet file). After that we will delete or anonymise Gym Data within a reasonable time, except records that we must keep by law (such as payment and ledger records) or need to keep to resolve disputes, which will be kept only as long as needed and kept secure.

21.6 Clauses that by their nature should continue (including 8.4, 9.4, 10, 11.3, 13, 14, 16, 17, 18, 21.5, 26 and 27) survive termination.

22. Assignment

22.1 You may not transfer these Terms to anyone else without our written consent.

22.2 We may transfer these Terms, and your Account and Gym Data, to a company or limited liability partnership formed or controlled by ApexGrid to carry on the FitOS business, or to a buyer or successor of the FitOS business. We will notify you before or promptly after any such transfer. The successor will be bound by these Terms and the DPA. If you do not agree, you may end your Plan under clause 21.1.

23. Changes to these Terms

23.1 We may update these Terms from time to time, for example because of changes in law or in the Service.

23.2 For changes that materially affect you, we will give you at least 30 days' notice by email, in the App or both, unless the change is needed sooner by law or for security. The new version will show a new version number and date.

23.3 If you do not agree with a material change, you may end your Plan before it takes effect, and we will refund the fees for the unused part of your current paid period. If you keep using the Service after the change takes effect, you accept the new Terms. We may ask you to accept the new version in the App.

24. Notices

24.1 We will send notices to the email address or phone number in your Account, or show them in the App. You must keep these details current.

24.2 You may send notices to us at support@fitosapp.in or in writing to ApexGrid, Sikar, Rajasthan, India.

24.3 An email notice is treated as received on the next business day after it is sent, unless the sender receives a delivery failure message.

25. Electronic acceptance and records

25.1 These Terms are an electronic record under the Information Technology Act, 2000 and do not need a physical signature.

25.2 When you accept these Terms, we record the date and time, the version you accepted, and technical details of the device or connection used (such as the app version and a one-way hash of the IP address). You agree that this record may be used as evidence of your acceptance.

26. Governing law and disputes

26.1 These Terms are governed by the laws of India.

26.2 If a dispute arises, either party may send written notice to the other. Both parties will try in good faith to settle it by discussion for 30 days from that notice.

26.3 If the dispute is not settled within those 30 days, the courts at Sikar, Rajasthan will have exclusive jurisdiction, subject to clause 26.4.

26.4 Nothing in these Terms takes away any right you may have under the Consumer Protection Act, 2019 or any other law to approach a consumer commission or other forum that has jurisdiction.

26.5 For complaints about Personal Data, you may also contact our Grievance Officer as described at /grievance.

27. General

27.1 Entire agreement: These Terms, the Data Processing Addendum, the Refund Policy, the Acceptable Use Policy, the Support Policy and the Privacy Policy together form the whole agreement between you and us about the Service and replace any earlier discussions. If there is a conflict, these Terms apply, except that the DPA applies on data protection matters.

27.2 Severability: If any part of these Terms is found invalid or unenforceable, the rest stays in force, and the invalid part will be applied to the maximum extent allowed.

27.3 No waiver: If a party does not enforce a right straight away, it does not lose that right.

27.4 Relationship: The parties are independent. Nothing in these Terms creates a partnership, agency or employment relationship.

27.5 Language: These Terms are written in English. We may offer translations for convenience; if there is a difference, the English version applies.

27.6 Related documents: See also the Member and Trainer Terms, which apply to your Members and Trainers, and the Responsible Disclosure Policy. All our legal documents are listed at /legal.

Schedule 1: Plans and limits

Notes:

• Prices are in Indian rupees. Taxes, if any, are added as set out in clause 7.5.
• One Plan covers one gym.
• The current Plans and prices are always shown on our pricing page (and in the App where available). If they differ from this Schedule, the price shown on the payment page when you pay applies.
• Price changes need at least 30 days' notice (clause 7.4).

Schedule 2: Support

More details are in our Support Policy.