Terms of Service

Welcome to Fitproof. These Terms of Service (“Terms”) govern your access to and use of the Fitproof platform, website (www.fitproof.in), and services operated by Fitproof (“Company”, “we”, “us”, or “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our platform.

1. Acceptance of Terms

By creating an account, accessing, or using the Fitproof platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms apply to all users, including gym owners, administrators, trainers, and any other individuals who access or use the platform.

If you are using Fitproof on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both you individually and that entity.

2. Description of Services

Fitproof is a Software-as-a-Service (SaaS) gym management platform that provides gym owners with tools to manage their trainers, members, attendance, revenue, analytics, and overall gym operations through a web-based dashboard. Our services include:

• Trainer and member management
• Attendance tracking and analytics
• Revenue and transaction management
• Notification and communication tools
• Admin employee management
• Performance analytics and reporting

3. Account Registration & Security

To use our platform, you must create an account by providing accurate information. When registering, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

4. Subscription Plans & Pricing

Fitproof offers the following subscription plans for gym owners. All prices are in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise:

Pricing is subject to change. Any price changes will be communicated at least 30 days in advance via email and/or through the platform dashboard. Continued use after price changes constitutes acceptance of the new pricing.

5. Payments & Billing

By subscribing to a paid plan, you agree to the following payment terms:

• Billing Cycle: Subscriptions are billed on a monthly basis. Payment is due at the beginning of each billing cycle.
• Payment Methods: We accept payments via UPI, debit cards, credit cards, net banking, and other methods supported by our payment gateway.
• Payment Processing: All payments are securely processed through Razorpay, a PCI-DSS compliant payment gateway. Fitproof does not store your card details or banking credentials. For Razorpay's terms, visit razorpay.com/terms.
• Currency: All transactions are processed in Indian Rupees (INR).
• Failed Payments: If a payment fails, we will attempt to process it again. If payment continues to fail, your subscription may be downgraded or suspended until payment is successful.
• Invoices: A digital invoice/receipt will be sent to your registered email address upon each successful payment.

6. Free Trial

New gym owner accounts are eligible for a 14-day free trial of the Starter Plan. During the trial:

• No credit card or payment information is required to start the trial
• You will have access to all Starter Plan features
• At the end of the trial, you may choose to upgrade to a paid plan to continue using the platform
• If you do not subscribe to a paid plan, your account access will be limited but your data will be retained for 30 days

7. Cancellation Policy

You may cancel your subscription at any time through the following methods:

• From the Settings page within your Fitproof dashboard
• By sending an email to fitproof.help@gmail.com with the subject “Subscription Cancellation”

Upon cancellation:

• Your subscription remains active until the end of the current billing period
• You will retain full access to your account and data until the billing period ends
• No further charges will be applied after the current billing cycle
• After the billing period ends, your account will be downgraded to a limited free tier
• Your data will be retained for 30 days after cancellation, after which it may be permanently deleted

8. Refund Policy

9. User Conduct

You agree to use Fitproof only for lawful purposes and in accordance with these Terms. You shall not:

• Use the platform for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the platform, other accounts, or computer systems
• Upload or transmit viruses, malware, or any malicious code
• Interfere with or disrupt the integrity or performance of the platform
• Reverse engineer, decompile, or disassemble any part of the platform
• Use automated systems (bots, scrapers) to access the platform without prior written consent
• Impersonate any person or entity, or misrepresent your affiliation
• Share, resell, or redistribute your account access to unauthorized third parties

10. Intellectual Property

The Fitproof platform, including all content, features, functionality, design elements, trademarks, logos, and software, is owned by Fitproof and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform for its intended purpose, subject to these Terms. You may not copy, modify, distribute, sell, or lease any part of the platform without our prior written consent.

You retain ownership of any data, content, or information you upload to the platform. By uploading content, you grant Fitproof a limited license to use, store, and process that content solely for the purpose of providing our services to you.

11. Data & Privacy

Your use of the platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the platform, you consent to the data practices described in our Privacy Policy.

You are responsible for ensuring that any personal data you input into the platform (such as trainer and member information) is collected and processed in compliance with applicable data protection laws and regulations, including the Information Technology Act, 2000 and its associated rules.

12. Service Availability & Modifications

We strive to ensure the platform is available 24/7. However, we do not guarantee uninterrupted access and may occasionally experience downtime for maintenance, updates, or unforeseen technical issues. We will endeavor to provide advance notice of scheduled maintenance when possible.

We reserve the right to modify, suspend, or discontinue any feature or service at any time with reasonable notice. Material changes to the service will be communicated via email or through the platform dashboard.

13. Termination

We reserve the right to suspend or terminate your account and access to the platform at any time, with or without cause, including but not limited to:

• Violation of these Terms of Service
• Non-payment of subscription fees
• Fraudulent, abusive, or illegal activity
• Requests by law enforcement or government agencies
• Extended periods of inactivity (more than 12 months)

Upon termination, your right to use the platform ceases immediately. We will provide a 30-day grace period for you to export your data before account deletion. Provisions of these Terms that by their nature should survive termination shall remain in effect.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Fitproof and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the platform.

The platform is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall Fitproof's total liability to you exceed the amount you have paid to Fitproof in the twelve (12) months preceding the claim.

15. Indemnification

You agree to indemnify, defend, and hold harmless Fitproof and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the platform, your violation of these Terms, or your violation of any rights of a third party.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or relating to these Terms or the platform shall be resolved as follows:

• Informal Resolution: Both parties shall first attempt to resolve any dispute through good-faith negotiation for a period of 30 days.
• Arbitration: If the dispute is not resolved informally, it shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, conducted in Jaipur, Rajasthan, India.
• Jurisdiction: For matters not subject to arbitration, the courts of Jaipur, Rajasthan, India shall have exclusive jurisdiction.

17. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to the new terms taking effect by posting the updated Terms on our website and notifying you via email or through the platform. Your continued use of the platform after such changes constitutes your acceptance of the revised Terms.

18. Grievance Redressal

In accordance with the Information Technology Act, 2000 and the Consumer Protection Act, 2019, if you have any grievances regarding the platform, its services, or these Terms, you may contact our Grievance Officer:

19. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at: