1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of FitDen, including our mobile applications, APIs, and related services (collectively, the "Service"). FitDen is operated by us ("we", "us", or "our").
By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, you may not use the Service.
2. Eligibility
You must be at least 13 years old (or the minimum age required in your jurisdiction) to use FitDen. If you are using the Service on behalf of a gym or business, you represent that you have the authority to bind that organization to these Terms.
3. Accounts and Roles
FitDen supports different account types, including members, gym owners, trainers, and administrators. You agree to:
- Provide accurate and complete registration information.
- Keep your login credentials confidential and secure.
- Notify us promptly of any unauthorized access to your account.
- Accept responsibility for all activity that occurs under your account.
We may suspend or terminate accounts that contain false information, violate these Terms, or pose a security or legal risk.
4. Use of the Service
You may use FitDen only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates applicable laws or regulations.
- Impersonate another person or misrepresent your affiliation with a gym or organization.
- Harass, threaten, abuse, or harm other users.
- Upload viruses, malware, or other harmful code.
- Attempt to gain unauthorized access to the Service, other accounts, or our systems.
- Scrape, copy, or reverse engineer the Service except where permitted by law.
- Use the Service to send spam or unsolicited communications.
- Interfere with or disrupt the integrity or performance of the Service.
5. Gym Owner and Staff Responsibilities
If you register or manage a gym on FitDen, you are responsible for the accuracy of member records, membership plans, attendance data, and communications you manage through the platform. You must comply with applicable laws regarding member data, billing, and fitness services in your jurisdiction.
FitDen provides tools to help manage your business but does not guarantee member payments, attendance accuracy, or business outcomes.
6. Member Responsibilities
As a member, you are responsible for the information you provide in your profile, photos you upload, and interactions with gyms and other users. Membership terms, fees, and access rules set by your gym are between you and that gym unless we explicitly state otherwise.
7. User Content
You retain ownership of content you submit to FitDen, including photos, profile details, and other materials ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, display, and distribute that content solely to operate and improve the Service.
You represent that you have the rights to any User Content you upload and that it does not infringe the rights of others or violate these Terms. We may remove content that violates these Terms or applicable law.
8. Partner Discovery and Social Features
FitDen may allow you to discover other members based on location, profile details, and activity. You are solely responsible for your interactions with other users. We do not conduct background checks and are not responsible for the conduct of users online or offline. Use caution when meeting or communicating with others.
9. Fees and Payments
FitDen may offer free and paid features. Any fees, billing terms, and refund policies for paid services will be disclosed at the time of purchase. Gym membership fees charged by individual gyms are handled by those gyms unless FitDen explicitly processes payments on their behalf.
10. Intellectual Property
The Service, including its software, design, branding, and documentation, is owned by us or our licensors and is protected by intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or branding without prior written permission.
11. Service Availability and Changes
We strive to keep FitDen available and reliable, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.
12. Termination
You may stop using the Service at any time and may delete your account where available in the app. We may suspend or terminate your access if you violate these Terms, create risk or legal exposure for us, or if required by law.
Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination will continue to apply, including provisions related to liability, disputes, and intellectual property.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FitDen does not provide medical, fitness, or health advice. Always consult a qualified professional before starting or changing an exercise program. You use the Service and participate in fitness activities at your own risk.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
15. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another person or entity.
16. Governing Law and Disputes
These Terms are governed by the laws of India, without regard to conflict of law principles. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in India, unless applicable law requires otherwise.
17. Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms on this page and update the "Last updated" date. Material changes may also be communicated through the app or by email where appropriate. Continued use of FitDen after changes take effect constitutes acceptance of the updated Terms.
18. Contact Us
If you have questions about these Terms, please contact us at:
Email: fitnest.cloud@gmail.com