Terms of Service

1. Definitions

• Company means Experts IN Solutions Pvt. Ltd.
• Customer means any gym, fitness center, studio, or organization subscribing to FIT-O-FIT.
• User means the customer, employees, trainers, or authorized users who access the platform.
• Member means a gym member whose information is managed through FIT-O-FIT.
• Services means the FIT-O-FIT software, mobile applications, APIs, support services, and related offerings.

2. Eligibility

You must:

• Be at least 18 years of age.
• Have the legal authority to enter into this agreement.
• Use the Service only for lawful business purposes.

3. Account Registration

Customers are responsible for:

• Providing accurate information.
• Maintaining account confidentiality.
• Protecting login credentials.
• Ensuring authorized access only.

You are responsible for all activities occurring under your account.

4. Subscription & Billing

FIT-O-FIT is offered as a subscription-based SaaS platform.

Subscription fees:

• Are billed according to the selected plan.
• Must be paid in advance unless otherwise agreed.
• May be subject to applicable taxes.

Failure to pay may result in suspension or termination of services.

5. Free Trial

Where offered:

• Free trials are provided for evaluation purposes only.
• Features available during the trial may differ from paid plans.
• We reserve the right to end or modify the trial at any time.

6. Acceptable Use

You agree not to:

• Violate any applicable laws.
• Attempt unauthorized access.
• Reverse engineer or copy the software.
• Upload malware or malicious code.
• Disrupt the Service.
• Use the platform for fraudulent activities.
• Share login credentials with unauthorized users.

7. Customer Data

The customer retains ownership of all business and member data stored in FIT-O-FIT. Experts IN Solutions Pvt. Ltd. processes customer data only to provide the agreed services.

8. Data Backup

We perform regular backups to support business continuity. However:

• Customers should maintain copies of critical business records where appropriate.
• We are not responsible for data loss resulting from customer actions, third-party failures, or force majeure events.

9. Service Availability

We strive to maintain high availability. However, the Service may occasionally be unavailable due to:

• Scheduled maintenance
• Emergency maintenance
• Internet connectivity issues
• Cloud provider outages
• Force majeure events

We do not guarantee uninterrupted service.

10. Software Updates

We may:

• Release new features.
• Improve functionality.
• Fix software bugs.
• Apply security updates.

Updates may occur without prior notice where necessary to maintain security or platform stability.

11. Third-Party Services

FIT-O-FIT may integrate with third-party services, including:

• Payment gateways
• SMS providers
• Email providers
• WhatsApp Business API
• Cloud hosting providers

We are not responsible for the availability, functionality, or policies of third-party services.

12. Intellectual Property

FIT-O-FIT, including its software, source code, trademarks, logos, designs, documentation, and content, is the exclusive property of Experts IN Solutions Pvt. Ltd.

Customers receive a limited, non-exclusive, non-transferable license to use the Service during an active subscription.

13. Confidentiality

Both parties agree to maintain the confidentiality of proprietary business information and not disclose it to unauthorized third parties, except as required by law or with prior written consent.

14. Limitation of Liability

To the maximum extent permitted by law:

• Experts IN Solutions Pvt. Ltd. shall not be liable for indirect, incidental, special, consequential, or punitive damages.
• Our total liability arising from the use of the Service shall not exceed the subscription fees paid by the customer during the preceding 12 months.

15. Indemnification

The customer agrees to indemnify and hold harmless Experts IN Solutions Pvt. Ltd. from claims, losses, liabilities, or expenses arising from:

• Misuse of the Service.
• Violation of these Terms.
• Violation of applicable laws.
• Infringement of third-party rights.

16. Suspension & Termination

We may suspend or terminate your account if:

• Subscription fees remain unpaid.
• These Terms are violated.
• The Service is used unlawfully.
• Required by law or court order.

Upon termination, access to the Service may be disabled, and data may be retained or deleted in accordance with our Privacy Policy and applicable laws.

17. Refund Policy

Unless otherwise agreed in writing:

• Subscription fees are non-refundable.
• Partial months are not refunded.
• Custom development charges are non-refundable once work has commenced.

18. Governing Law

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the competent courts in Chennai, Tamil Nadu.

19. Force Majeure

Neither party shall be liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, government actions, strikes, internet failures, or cloud infrastructure outages.

20. Changes to These Terms

We may revise these Terms from time to time. Updated Terms will be published on our website with a revised "Last Updated" date. Continued use of the Service after such updates constitutes acceptance of the revised Terms.

21. Contact Information

Experts IN Solutions Pvt. Ltd.
FIT-O-FIT – Gym & Fitness Management Software

Address: R32/9, TNHB Complex, 2nd Floor, T.S. Krishna Nagar, Mogappair, Chennai – 600050, Tamil Nadu, India

Email: support@fitofit.in

Website: https://www.fitofit.in