Fitertz Terms of Service

Version: 1.0
Effective Date: September 14, 2026
Last Updated: September 14, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Fitertz, including the Fitertz website, web applications, CRM platform, mobile applications, AI-powered features, integrations, communication services, Marketplace, and any other products or services made available by Fitertz from time to time (collectively, the "Services").

By creating an account, accessing the Fitertz platform, purchasing a Fitertz product or service, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you are using Fitertz on behalf of a gym, fitness business, company, organization, or other legal entity, you represent and warrant that you have the authority to accept these Terms on behalf of that entity. In that case, references to "you" or "your" include both you individually and the organization you represent.

If you do not agree with these Terms, you must not create an account, purchase, access, or use the Services.

These Terms should be read together with other Fitertz policies and agreements that apply to your use of the Services, including the Privacy Policy, Data Retention Policy, Subprocessors List, Service Level Agreement, and Data Processing Addendum, where applicable.

2. About Fitertz

Fitertz is a technology platform designed to help gyms, fitness businesses, coaches, trainers, and related organizations manage their business operations and provide digital fitness services to their clients.

Depending on the products and features used, Fitertz may provide tools for client and membership management, attendance, workouts, nutrition plans, fitness assessments, progress tracking, reporting, communication, AI-assisted functionality, mobile applications, wearable integrations, WhatsApp automation, business management, access management, and other fitness-related services.

The specific features available to you may depend on the Fitertz product or service purchased, your account configuration, applicable capacity limits, optional add-ons, integrations, and technical availability.

Fitertz may introduce new features, modify existing functionality, or discontinue features as the platform develops, subject to these Terms and any specific commitments applicable to a purchased service.

3. Eligibility

You must be 18 years of age or older to create a Fitertz account, purchase Fitertz products or services, or enter into a contractual relationship with Fitertz.

By using the Services, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are creating an account or purchasing Services on behalf of a business or organization, you further represent that you are authorized to bind that organization to these Terms.

Fitertz does not knowingly provide contractual access to individuals who are below the applicable legal age to enter into such agreements.

4. Fitertz Account

Certain Fitertz Services require you to create an account. You are responsible for providing accurate and current information during registration and for keeping your account information reasonably up to date.

You are responsible for maintaining the confidentiality of your login credentials and for activities performed through your account. You should take reasonable steps to prevent unauthorized access, including using appropriate passwords and restricting account access to authorized personnel.

You must notify Fitertz promptly if you become aware of unauthorized access, suspected account compromise, stolen credentials, or other security incidents affecting your account.

Fitertz may require additional information or verification where reasonably necessary to protect an account, prevent fraud, process payments, or comply with applicable legal requirements.

5. Business and Staff Accounts

A Fitertz account may allow a gym or organization to provide access to authorized owners, administrators, trainers, staff members, or other permitted users.

The organization that owns or controls the Fitertz account is responsible for determining who receives access and what permissions those users should have.

The organization is responsible for ensuring that staff members use Fitertz appropriately and that access is removed when a person is no longer authorized to use the account.

Actions performed by authorized users within an organization's Fitertz account may be treated as actions performed on behalf of that organization.

Fitertz may provide different roles and permissions to help organizations control access to their information, but the customer remains responsible for configuring those permissions appropriately.

6. Fitertz Core

Fitertz Core is offered as a paid subscription with monthly or annual billing options, as described on the Fitertz pricing page at the time of purchase or renewal.

Upon successful payment for an applicable subscription term, the customer receives access to Fitertz Core for that term, subject to these Terms, the continued operation of the Fitertz Core service, and any applicable limitations or restrictions described at the time of purchase or renewal.

Subscription access continues only while the applicable subscription is active and paid for in accordance with these Terms. Fitertz does not currently offer a separate perpetual or one-time purchase for Fitertz Core.

A Fitertz Core subscription does not automatically include every optional Fitertz product, add-on, integration, capacity expansion, future service, or feature that Fitertz may introduce.

Fitertz may offer additional products and services separately where those products require additional payment.

7. Access to Fitertz Core

Subject to successful payment for an active subscription and compliance with these Terms, Fitertz grants the customer a limited, non-exclusive, non-transferable right to access and use Fitertz Core for the customer's own legitimate business operations during the applicable subscription term.

This access right does not transfer ownership of the Fitertz software, platform, source code, technology, intellectual property, or branding to the customer.

Access to Fitertz Core is associated with the purchasing customer or organization and may not be sold, resold, sublicensed, rented, leased, shared with an unrelated business, or otherwise transferred to another party without Fitertz's prior written approval.

If a customer has a legitimate business reason for requesting a transfer, the customer may contact Fitertz by email and provide the relevant circumstances and supporting information. Fitertz may approve or reject such requests at its reasonable discretion.

8. Included Core Capacity

An active Fitertz Core subscription includes the capacity and access specified for Core on the Fitertz pricing page at the time of purchase or renewal.

The current Core offering may include defined limits for mobile-app clients and staff seats, including the applicable Owner, Admin, and Trainer access described in the product offering.

Capacity limitations are part of the Core product and do not mean that the customer owns a fixed number of software licenses that can be transferred or resold.

Where a customer requires additional capacity, Fitertz may provide separately purchasable capacity packs or add-ons.

9. Additional Client Capacity

Fitertz may offer additional mobile-app client capacity separately from the Core subscription.

The current additional Client Pack provides 10 additional mobile-app clients for ₹2,999 per year, unless the applicable price is changed for a future purchase or renewal.

Additional client capacity is optional and does not need to be purchased to use Fitertz Core within the included capacity.

When additional client capacity expires and is not renewed, the affected clients may lose access to mobile-app functionality associated with that additional capacity. This may include client chat, assigned workouts, nutrition plans, assessments, and other features delivered through the client mobile application.

The underlying customer records may remain within the gym's Fitertz account according to the applicable data-retention and account policies, even where mobile-app functionality is restricted.

10. Optional Products and Add-Ons

Fitertz may offer optional products, services, capacity expansions, integrations, and other add-ons separately from Fitertz Core.

The current pricing may include:

These prices represent the current offering and may be changed for future purchases or renewals.

Optional products are not automatically included with Core unless expressly stated. A customer may choose to purchase only the additional products or services that are relevant to its business.

Annual add-ons currently operate on a manual renewal basis. They do not automatically renew unless Fitertz introduces an automatic renewal arrangement and the customer expressly agrees to it.

11. App Care Plan

The App Care Plan is an optional annual service available exclusively to customers who have purchased an eligible Fitertz white-label mobile application. The current price of the App Care Plan is ₹9,999 per year, unless otherwise stated at the time of purchase.

The purpose of the App Care Plan is to help keep the white-label application operational and compatible throughout the applicable service period. Depending on the nature of the application and technical requirements, the plan may include application maintenance, bug fixes, operating-system compatibility updates, application updates, app-store related maintenance, push-notification maintenance, backend compatibility updates, and other reasonable technical maintenance required to keep the supported application functioning.

Fitertz intends to keep supported applications operational throughout the applicable App Care Plan period and will apply updates when necessary or when improvements are released. However, continued availability may depend on third-party operating systems, application stores, device manufacturers, APIs, and other technologies outside Fitertz's direct control.

The App Care Plan is an annual service and must be manually renewed if the customer wishes to continue receiving the services after the applicable period.

12. White-Label Applications

Fitertz may provide white-label mobile applications that allow eligible customers to offer a branded mobile experience to their clients.

White-label applications are available as separately purchased products and are not included in the standard Fitertz Core subscription. The applicable one-time pricing may differ depending on the platform selected. Current pricing may include ₹20,000 for Android, ₹20,000 for iOS, and ₹30,000 for Android and iOS together, subject to the applicable offering at the time of purchase.

A white-label application may use the customer's approved branding, business name, logo, and other applicable visual elements in accordance with the selected white-label package.

The customer understands that mobile applications are subject to requirements imposed by Apple, Google, operating-system providers, application stores, and other third parties. Fitertz will make reasonable efforts to maintain compatibility and support the application, but cannot guarantee that a third party will approve, continue supporting, or maintain any particular technical requirement indefinitely.

The App Care Plan is available only for eligible white-label applications purchased from Fitertz.

13. Pricing, Taxes, and Future Charges

The prices displayed by Fitertz represent the applicable prices at the time of purchase. Fitertz may change the prices of future purchases, renewals, capacity packs, add-ons, Marketplace products, and other services.

A change in pricing will not retroactively change the price already paid for an active Fitertz Core subscription term that has already been successfully purchased.

Annual add-ons that are manually renewed will be charged at the price applicable when the customer chooses to renew them. A customer is not automatically enrolled into a renewal merely because an annual add-on was previously purchased.

Fitertz currently does not charge GST on purchases where Fitertz is not required to collect GST under applicable law. If Fitertz becomes required to register for GST or collect GST or another applicable tax, Fitertz may add the applicable tax to future purchases and charges as required by law.

Customers remain responsible for any taxes, duties, levies, or other charges that may legally apply to their purchase or use of the Services.

14. Payments

Payments for Fitertz products and services may be processed through PhonePe or other payment infrastructure made available by Fitertz.

By submitting a payment, you authorize the applicable payment provider to process the transaction for the amount displayed at the time of purchase.

You are responsible for providing accurate payment and billing information and for ensuring that you have the authority to use the payment method provided.

A purchase is considered completed when Fitertz receives confirmation of successful payment through the applicable payment system.

Fitertz may delay activation of a product or service where payment has not been successfully confirmed.

If a payment is reversed, disputed, charged back, identified as fraudulent, or otherwise determined to be unauthorized, Fitertz may suspend the associated product or service and take reasonable steps to recover amounts legitimately owed.

15. Refund Policy

Fitertz accepts refund requests made within 7 days from the date of purchase for eligible Fitertz products, services, add-ons, and Marketplace purchases.

A customer requesting a refund should contact Fitertz through the available support channels and provide sufficient information to identify the purchase.

Where a customer experiences a technical interruption or service issue with a purchased Fitertz service, Fitertz will make reasonable efforts to investigate the issue, correct the problem, and restore the affected service. A technical issue does not automatically prevent a customer from submitting a refund request within the applicable 7-day period.

Refunds will be assessed based on the circumstances of the request, the purchased product or service, and applicable law. Where a refund is approved, Fitertz may process the refund through the original payment method or applicable payment provider.

The 7-day refund period does not create an automatic entitlement to a refund for every circumstance where a customer has used or consumed a service. Fitertz may consider the nature of the product, the extent to which the service has already been provided, and applicable legal requirements when determining eligibility.

16. Customer Data and Ownership

The customer retains ownership of the business information, client information, content, records, files, and other data that the customer lawfully submits to or stores through Fitertz ("Customer Data").

Fitertz does not acquire ownership of Customer Data merely because it is stored or processed through the Services.

The customer grants Fitertz a limited, non-exclusive right to access, host, store, process, transmit, reproduce where technically necessary, and otherwise handle Customer Data to the extent reasonably necessary to provide, operate, secure, maintain, troubleshoot, support, and improve the Services.

This permission continues only for as long as reasonably necessary for the purposes described in these Terms and is subject to the Fitertz Privacy Policy, Data Retention Policy, and applicable Data Processing Addendum.

Fitertz may also process technical and aggregated information derived from use of the Services where such information does not reasonably identify an individual or disclose the customer's confidential business information.

17. Customer Responsibility for Client Data

When a gym or fitness business uses Fitertz to collect, store, manage, or process information relating to its clients, the gym remains responsible for determining the appropriate legal basis, authorization, notice, or consent required for its processing activities.

This responsibility may apply to information including:

• Client profile and contact information
• Membership and attendance records
• Fitness assessments
• Body measurements
• Workout history
• Nutrition information
• Health and fitness information
• Wearable data
• Photographs and videos
• Documents
• Communication records
• Other information entered or connected by the gym

Fitertz provides technology to help the gym manage this information but does not determine whether a particular gym's collection or use of client information complies with the laws applicable to that gym.

The gym must therefore ensure that its use of Fitertz is appropriate for its business, its clients, and the laws and regulations applicable to its activities.

18. Client Consent and Mobile Application Permissions

Fitertz's client mobile application may request permissions from users where those permissions are required to provide particular functionality. Depending on the features being used, these permissions may relate to notifications, photographs, camera access, health and fitness information, activity information, wearable integrations, or other device capabilities.

Where applicable, the client is presented with the relevant permission request through the operating system or Fitertz application and may choose whether to grant the requested permission.

However, the availability of an operating-system permission does not by itself determine whether the gym has a sufficient legal basis to collect, use, or process the underlying information.

The gym remains responsible for obtaining any additional consent, authorization, notice, or lawful basis required for its processing of client information. Fitertz's provision of a permission mechanism within its application does not transfer that responsibility from the gym to Fitertz.

19. Data Protection and Privacy

Fitertz takes reasonable measures to protect Customer Data against unauthorized access, loss, misuse, alteration, or disclosure.

Fitertz may use technical and organizational safeguards such as encrypted connections, authentication controls, access controls, database security policies, monitoring, secure infrastructure, and other measures appropriate to the nature of the Services.

The processing of personal information through Fitertz is additionally governed by the Fitertz Privacy Policy. Where a customer requires a contractual data-processing arrangement, the Fitertz Data Processing Addendum (DPA) may also apply.

Customers are responsible for ensuring that the information they provide to Fitertz may lawfully be processed through the Services.

20. Data Retention, Backup, and Export

Fitertz's retention and deletion practices are described in the Fitertz Data Retention Policy.

Fitertz maintains regular backups to support disaster recovery and service restoration. Backups may temporarily contain information that has already been deleted from active systems and are subject to the applicable backup lifecycle.

Customers are responsible for maintaining appropriate copies of critical business information. Fitertz provides supported data-export functionality, including export to Excel-compatible files where available, to help customers maintain their own copies of relevant business records.

The availability of export functionality may vary by data type and feature. Fitertz does not guarantee that every type of technical metadata, system log, internal record, or third-party-generated information can be exported.

Fitertz will make reasonable efforts to preserve and provide Customer Data in accordance with its applicable policies, but customers should not rely on Fitertz backups as their sole copy of important business records.

21. Core Service Discontinuation and Data Continuity

Fitertz intends to operate and support Fitertz Core as an ongoing service. However, no company can guarantee that a service or business will operate indefinitely.

If Fitertz permanently discontinues the Fitertz Core service, Fitertz will make reasonable efforts, where circumstances permit, to:

• provide customers with reasonable advance notice of the permanent discontinuation;
• provide customers with a reasonable opportunity to export their available Customer Data using the supported export functionality;
• maintain access to the applicable export functionality during the transition period; and
• provide reasonable information regarding the applicable transition process.

The purpose of this process is to allow customers to retain their business records and make reasonable arrangements for their business operations after the discontinuation of the service.

Payment for a Fitertz Core subscription does not create an unconditional guarantee that Fitertz will operate the Core service forever, nor does it create an automatic entitlement to a refund solely because Fitertz permanently discontinues the service.

Nothing in this section limits any rights or remedies that cannot legally be excluded or limited under applicable law.

The timing, duration, and method of any transition or data-export period may depend on the circumstances of the discontinuation, applicable law, security requirements, technical limitations, third-party dependencies, or events outside Fitertz's reasonable control.

22. AI-Powered Features

Fitertz may provide artificial intelligence ("AI") features designed to assist gyms, coaches, trainers, administrators, and clients with tasks such as generating information, summarizing records, answering questions, analyzing fitness-related information, creating plans, and supporting other features available through the platform.

Depending on the particular feature, Fitertz may use third-party AI providers or models operated within Fitertz-controlled infrastructure. Information submitted to an AI feature may therefore be processed by the applicable AI system as reasonably necessary to provide the requested functionality. The types of information processed depend on the feature being used and may include prompts, conversation context, fitness information, business information, client information, or other Customer Data.

AI-generated content is produced using automated systems and may contain errors, omissions, inaccuracies, outdated information, or recommendations that are not appropriate for a particular person or situation. You are responsible for reviewing AI-generated content before relying on it, implementing it in your business, or providing it to a client.

Fitertz does not guarantee that AI-generated content will always be accurate, complete, current, suitable, or free from errors.

23. Fitness, Nutrition, Health, and Medical Disclaimer

Fitertz is a fitness and business management technology platform and is not a medical service, healthcare provider, hospital, emergency service, or medical professional.

Information, recommendations, workout plans, nutrition plans, fitness assessments, progress information, AI-generated responses, or other content made available through Fitertz are provided for general fitness and wellness purposes and are not intended to diagnose, treat, cure, prevent, or manage any disease, medical condition, injury, or other health condition.

Fitertz does not replace qualified medical, nutrition, fitness, physiotherapy, or other professional advice.

Customers and users are responsible for determining whether a particular workout, nutrition recommendation, assessment, or other information is appropriate for an individual. Where an individual's health, medical condition, injury, medication, or other circumstance may affect their ability to safely participate in an activity, appropriate professional advice should be obtained before relying on such information.

Fitertz should not be used as a substitute for emergency services or professional medical care.

24. Face Recognition and Biometric Features

Fitertz may provide face-recognition functionality for supported features, including attendance, identification, or access-related functionality.

Where such functionality is used, the relevant processing is performed within Fitertz-controlled infrastructure and is not outsourced to a third-party face-recognition service provider.

The gym or organization enabling such functionality is responsible for determining whether its use is lawful and for obtaining any consent, authorization, notice, or other legal basis required before collecting, processing, or using facial or biometric information.

The gym must provide clients with appropriate information regarding the use of such functionality where required and must use biometric functionality only for legitimate and lawful purposes.

Fitertz provides the technical functionality but does not determine whether a particular customer's use of biometric information complies with the laws applicable to that customer.

25. Wearable and Health Data Integrations

Fitertz may provide integrations with supported health and fitness platforms, including Google Health Connect and Apple Health, where such integrations are enabled by the user or customer.

When a user authorizes an integration, Fitertz may receive the categories of health or fitness information permitted through that authorization. Depending on the integration and permissions granted, this may include information such as steps, activity, workouts, sleep, body measurements, or other supported health and fitness information.

Users control whether applicable device or platform permissions are granted. The availability and functionality of these integrations may depend on the applicable third-party platform, operating system, APIs, permissions, and technical requirements.

Fitertz does not guarantee that a third-party health platform will continue to provide a particular type of data or maintain a particular integration indefinitely.

26. WhatsApp Automation and Business Messaging

Fitertz may provide automated WhatsApp messaging functionality to help gyms communicate with their clients.

Fitertz currently uses a Fitertz-managed, Meta-approved WhatsApp Business Platform setup for applicable automated messaging. Messages may be sent from a common Fitertz-managed WhatsApp number rather than from an individual gym-owned number.

The gym determines whether automated messages should be sent to its clients and is responsible for configuring its messaging preferences appropriately.

Depending on the automation, messages may include information such as client names, membership information, payment reminders, attendance-related notifications, appointment information, workout reminders, or other business communications configured by the gym.

The gym is solely responsible for ensuring that it has the necessary permission, consent, lawful basis, or other authorization required to communicate with its clients through WhatsApp. The gym must also comply with applicable laws and the policies and requirements of Meta and WhatsApp.

Fitertz may restrict, suspend, or terminate WhatsApp functionality where necessary because of misuse, spam, abuse, policy violations, legal requirements, or risks to the Fitertz messaging infrastructure.

27. Third-Party Services and Integrations

Certain Fitertz features depend on third-party services, infrastructure, APIs, platforms, application stores, payment providers, communication providers, AI providers, cloud services, health platforms, or other external technologies.

Fitertz does not control the availability, functionality, security, policies, pricing, or continued operation of third-party services. A third-party provider may modify its API, impose new requirements, suspend functionality, discontinue a service, or experience an outage that affects a corresponding Fitertz feature.

Where a third-party service becomes unavailable or materially changes its functionality, Fitertz may modify, replace, suspend, or discontinue the affected integration where reasonably necessary.

Your use of certain integrated services may also be subject to the third party's own terms, policies, and privacy practices.

28. Payment Services and Payment Verification

Fitertz may use PhonePe and other third-party payment infrastructure to process, verify, reconcile, or support payments.

For payment verification and automation purposes, Fitertz may provide the minimum information reasonably necessary to associate a payment with the appropriate Fitertz account. This may include the customer's Fitertz authentication UID and other information required by the applicable payment workflow.

Fitertz does not control the internal processing practices, availability, security, or policies of the payment provider.

Customers must provide accurate payment information and must not use unauthorized payment methods, fraudulent payment information, or another person's payment credentials without authorization.

Where a payment is reversed, disputed, charged back, identified as fraudulent, or otherwise determined to be unauthorized, Fitertz may suspend the affected service, investigate the transaction, and take reasonable steps to recover amounts legitimately owed.

29. Marketplace

Fitertz may operate a Marketplace through which Fitertz offers its own products and services to customers and users.

Unless expressly stated otherwise, Marketplace products and services are supplied by Fitertz itself, and Fitertz is responsible for the applicable product or service purchased through the Marketplace subject to the description and conditions presented at the time of purchase.

Marketplace offerings may include digital products, services, subscriptions, consultations, business services, or other products that Fitertz may introduce from time to time.

The availability, description, price, delivery method, eligibility, and applicable conditions of a Marketplace offering may vary between products.

Marketplace purchases are subject to the same 7-day refund request period described in these Terms. Customers must submit a refund request within 7 days from the date of the applicable purchase.

Fitertz may change, discontinue, replace, or modify Marketplace products and services at any time for future purchases.

30. Customer Responsibility for Marketplace and Service Use

When purchasing or using a product or service through the Fitertz Marketplace, you are responsible for providing accurate information required to fulfill the purchase and for using the purchased product or service in accordance with its applicable instructions and conditions.

Where a Marketplace service requires information, access, scheduling, or cooperation from the customer, delays caused by inaccurate information, failure to provide required information, failure to attend a scheduled service, or other customer-related circumstances may affect delivery.

Fitertz will make reasonable efforts to provide purchased Marketplace products and services as described at the time of purchase.

Nothing in this section limits any rights or remedies that cannot legally be excluded under applicable law.

31. Subprocessors and Data Processing

Fitertz may engage third-party service providers to process information on Fitertz's behalf where necessary to operate, secure, maintain, or provide particular Services.

These providers may include infrastructure, authentication, storage, analytics, AI, messaging, payment, notification, health-integration, and other service providers.

Fitertz maintains a Subprocessors List identifying the principal third-party providers used to support the Services and the general categories of information and purposes associated with their processing.

Fitertz may add, replace, or remove subprocessors when reasonably necessary to provide, maintain, secure, or improve the Services. Where required by applicable law or contractual obligations, Fitertz will provide appropriate notice of material changes and applicable rights to object.

Customers should review the current Fitertz Subprocessors List for the latest information regarding applicable subprocessors.

32. Acceptable Use

You may use Fitertz only for lawful business, fitness, wellness, administrative, communication, and other purposes supported by the Services.

You must use the Services responsibly and in accordance with these Terms, applicable laws and regulations, and any applicable third-party policies.

You are responsible for all activity carried out through your Fitertz account and for ensuring that your employees, trainers, administrators, clients, contractors, and other authorized users use the Services appropriately.

You must ensure that information submitted to Fitertz is accurate to the extent reasonably necessary for the intended use of the Services and must not knowingly provide information that is fraudulent, misleading, unlawful, or intended to interfere with the operation of the platform.

33. Prohibited Activities

You must not use Fitertz to:

• Violate any applicable law, regulation, court order, or third-party right.
• Attempt to gain unauthorized access to another customer's account, data, systems, or infrastructure.
• Reverse engineer, decompile, disassemble, or otherwise attempt to obtain the source code or underlying structure of the Services, except where such restriction is prohibited by applicable law.
• Circumvent security controls, authentication mechanisms, usage restrictions, capacity limitations, or other technical protections.
• Introduce malware, viruses, malicious code, or other harmful material into the Services.
• Use automated methods to excessively access, scrape, probe, or interfere with the platform without Fitertz's authorization.
• Use Fitertz to send spam, abusive communications, fraudulent messages, or unlawful WhatsApp communications.
• Upload or transmit content that infringes intellectual property, privacy, publicity, or other rights of another person.
• Use Fitertz to facilitate fraudulent, deceptive, abusive, or illegal activities.
• Resell, sublicense, lease, rent, or commercially redistribute the Fitertz Core software or Services except where expressly authorized by Fitertz.
• Share account credentials in a manner that allows unauthorized persons or unrelated businesses to access the Services.
• Attempt to disrupt, overload, damage, or compromise Fitertz or its underlying infrastructure.

Fitertz may investigate suspected violations and may take reasonable action where necessary to protect the Services, customers, users, third parties, or the security of the platform.

34. Customer Content and Uploaded Information

You retain ownership of content and information that you or your authorized users upload, submit, create, or store through Fitertz ("Customer Content"), subject to any rights belonging to third parties.

Customer Content may include business information, client records, photographs, videos, fitness assessments, measurements, workout information, nutrition information, documents, messages, and other information entered into or generated through your use of the Services.

You represent that you have the necessary rights, permissions, consents, licenses, and lawful authority to upload, store, process, and use Customer Content through Fitertz.

You grant Fitertz a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, process, display, and otherwise use Customer Content only to the extent reasonably necessary to provide, operate, secure, maintain, troubleshoot, support, and improve the Services.

This license does not transfer ownership of Customer Content to Fitertz.

Fitertz may also create and use aggregated or de-identified information derived from use of the Services where such information does not reasonably identify an individual or customer, including for analytics, security, service improvement, and operational purposes.

35. Intellectual Property Rights

All intellectual property rights in Fitertz itself remain owned by Fitertz or its applicable licensors.

This includes, without limitation, the Fitertz software, website, mobile applications, user interfaces, designs, layouts, branding, logos, trademarks, documentation, source code, object code, databases and database structures, algorithms, AI systems, models or integrations developed or controlled by Fitertz, workflows, technical architecture, and other components of the Services.

Except for the limited rights expressly granted under these Terms, no ownership or intellectual property rights are transferred to you.

You may not copy, reproduce, modify, distribute, publicly display, sell, license, sublicense, reverse engineer, or create derivative works from Fitertz's proprietary software or materials except as expressly permitted by Fitertz or applicable law.

Your purchase of Fitertz Core, an add-on, Marketplace product, or other Service does not constitute a sale or transfer of ownership of the underlying Fitertz technology.

36. Customer Branding and Promotional Use

Where applicable, Fitertz may display the customer's business name, gym name, logo, or other publicly available branding in promotional materials, case studies, marketing communications, presentations, websites, social media, or other promotional activities.

By using Fitertz, you grant Fitertz a non-exclusive, royalty-free right to use such branding for these promotional purposes.

Fitertz will not intentionally represent that the customer endorses Fitertz or that the customer has entered into a partnership with Fitertz unless such relationship actually exists.

If a customer has a legitimate written objection to a particular promotional use, Fitertz may consider the request and, where reasonably appropriate, discontinue that specific use.

37. Service Availability and SLA

Fitertz aims to provide reliable and continuously available Services. For Fitertz Core, Fitertz targets 99.5% monthly availability, subject to the exclusions and conditions described in the applicable Service Level Agreement ("SLA").

Availability may be affected by scheduled maintenance, emergency maintenance, internet connectivity, customer-side systems, third-party services, application stores, payment providers, messaging platforms, cloud infrastructure, operating-system changes, or events outside Fitertz's reasonable control.

The SLA describes applicable support hours, incident priority levels, response targets, maintenance exclusions, and other service commitments.

Unless expressly stated in the SLA or another written agreement, downtime does not automatically create a right to a refund, credit, compensation, or other payment.

Fitertz may perform scheduled or emergency maintenance where reasonably necessary to maintain security, reliability, performance, or functionality.

38. Customer Backups and Data Export

Fitertz maintains backups as part of its operational infrastructure and follows the retention and backup practices described in the Data Retention Policy.

However, Fitertz's backups are intended primarily for platform recovery and operational resilience and should not be treated as a replacement for maintaining your own important business records.

Customers remain responsible for maintaining appropriate copies of critical information required for their business.

Fitertz provides supported data-export functionality, including export of applicable business and client information into Excel-compatible files. The availability and structure of exported information may depend on the particular data type and functionality.

For Fitertz Core customers, Fitertz provides supported export functionality intended to allow the customer to maintain an independent copy of important business records. Where supported, the export may contain multiple business datasets within a single Excel-compatible workbook.

Customers are encouraged to periodically export and maintain their own copies of important business information. The customer is responsible for determining the appropriate frequency and storage location of such backups.

Not every technical record, system log, security record, backup, or internal platform record is necessarily available for customer export.

39. Suspension of Services or Accounts

Fitertz may temporarily suspend or restrict an account, feature, or Service where reasonably necessary to:

• protect the security or integrity of Fitertz;
• prevent unauthorized access;
• investigate suspected fraud or abuse;
• address a violation of these Terms;
• address unlawful activity;
• respond to a serious security or privacy risk;
• prevent misuse of WhatsApp or other third-party services;
• address non-payment, payment reversal, or chargeback issues; or
• comply with a legal or regulatory requirement.

Where reasonably practicable, Fitertz may provide notice and an opportunity to resolve the issue before suspension.

Fitertz may take immediate action without prior notice where continued access presents a significant security, legal, financial, operational, or third-party risk.

Fitertz will make reasonable efforts to restore access once the relevant issue has been resolved, subject to any applicable legal, security, or technical requirements.

40. Account Termination

You may request termination of your Fitertz account at any time by contacting Fitertz through the available support or account channels.

Fitertz may terminate or permanently restrict an account where the customer materially or repeatedly violates these Terms, engages in unlawful or fraudulent activity, attempts to compromise the platform, abuses third-party services, or otherwise creates a serious risk to Fitertz, its customers, users, or third parties.

Fitertz may also terminate or discontinue Services where required by law, where continued operation becomes impracticable, or where Fitertz permanently discontinues the relevant Service.

Where termination is based on a curable violation and circumstances reasonably permit, Fitertz may provide notice and an opportunity to correct the violation before termination.

41. Effect of Termination

Upon termination or deletion of an account, the customer's right to access and use the affected Fitertz Services will generally end.

Customer Data will be handled in accordance with the Fitertz Data Retention Policy, including applicable deletion, anonymization, legal-retention, and backup procedures.

Data deleted from active systems may remain temporarily present in backups until those backups expire in accordance with Fitertz's applicable retention practices.

Termination does not automatically cancel obligations that by their nature are intended to survive termination, including provisions relating to intellectual property, payment obligations, customer responsibilities, confidentiality where applicable, disclaimers, limitation of liability, indemnification, dispute resolution, and other provisions that are intended to continue after termination.

Any amounts legitimately owed to Fitertz before termination remain payable.

42. Disclaimers and No Warranty

Fitertz provides the Services on an "as available" and "as is" basis, except where a specific warranty or service commitment is expressly provided in these Terms, the applicable SLA, or another written agreement.

Fitertz makes reasonable efforts to maintain the reliability, security, and functionality of the Services but does not guarantee that the Services will always be uninterrupted, error-free, completely secure, or available at all times.

Fitertz does not guarantee that every feature will remain unchanged, that third-party integrations will always remain available, or that the Services will meet every particular business requirement.

To the maximum extent permitted by applicable law, Fitertz disclaims implied warranties and conditions that are not expressly stated in these Terms.

Nothing in this section excludes or limits any warranty, right, or remedy that cannot legally be excluded or limited under applicable law.

43. Limitation of Liability

To the maximum extent permitted by applicable law, Fitertz will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings, or business interruption arising from or relating to the Services.

Fitertz's total aggregate liability arising out of or relating to the Services or these Terms will not exceed the total amount actually paid by the customer to Fitertz for the affected Services during the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory on which a claim is based, including contract, negligence, tort, or otherwise.

The limitations in this section do not apply to liability that cannot legally be excluded or limited under applicable law.

Customers remain responsible for maintaining appropriate business procedures, backups, client permissions, professional review, and other safeguards appropriate to their use of Fitertz.

44. Customer Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Fitertz, its owners, personnel, affiliates, and service providers from claims, liabilities, damages, losses, costs, and reasonable expenses arising out of or relating to:

• your violation of these Terms;
• your unlawful or unauthorized use of the Services;
• Customer Content that infringes or violates another person's rights;
• your failure to obtain required consent, authorization, or lawful basis for collecting or processing client information;
• your misuse of biometric, health, fitness, nutrition, or other sensitive information;
• your misuse of WhatsApp or other communication functionality;
• your fraudulent, abusive, or negligent conduct; or
• claims arising from your business operations or services provided to your clients.

Fitertz will provide reasonable notice of a claim where practicable and may participate in the defense of a claim where appropriate.

This section does not require you to indemnify Fitertz for losses caused by Fitertz's own liability to the extent such indemnification would be prohibited by applicable law.

45. Changes to the Services and Terms

Fitertz may modify, improve, add, remove, replace, or discontinue features, functionality, integrations, or other parts of the Services from time to time.

Changes may be necessary for security, legal compliance, technical improvements, third-party requirements, performance, compatibility, business operations, or other legitimate reasons.

Fitertz may also introduce new products, services, add-ons, or Marketplace offerings and may change pricing applicable to future purchases.

A Fitertz Core subscription term that has already been paid for will not be retroactively repriced merely because Fitertz changes its future pricing.

Fitertz may update these Terms from time to time. When changes are material, Fitertz may provide reasonable notice through the Services, website, email, or another appropriate method.

Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

If you do not agree to a material change, you may stop using the affected Services and request account closure in accordance with these Terms.

46. Governing Law, Disputes, and General Provisions

These Terms are governed by and interpreted in accordance with the laws of India, without regard to conflict-of-law principles that would require the application of another jurisdiction's laws.

Any dispute, claim, or proceeding arising out of or relating to these Terms or the Services will be subject to the jurisdiction of the courts located in Tiruchirappalli, Tamil Nadu, India, subject to applicable law.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where legally permitted, and the remaining provisions will continue in full force and effect.

Failure by Fitertz to enforce any provision of these Terms at any particular time will not constitute a waiver of its right to enforce that provision later.

These Terms, together with the Privacy Policy, SLA, Data Retention Policy, Subprocessors List, DPA, Cookie Policy, AI Usage Policy, Incident Response Policy, Security Overview, and other policies expressly incorporated into these Terms, constitute the agreement governing your use of the Services, except where a separate written agreement expressly applies.

You may not assign, transfer, or otherwise delegate your rights or obligations under these Terms without Fitertz's prior written approval, except where such restriction is prohibited by applicable law. Fitertz may assign or transfer its rights and obligations as part of a business reorganization, merger, acquisition, sale of assets, or similar transaction.

For questions regarding these Terms, your account, purchases, or the Services, you may contact Fitertz through the official support or contact channels provided by Fitertz, including support@fitertz.com.

By creating an account, purchasing Fitertz Core or any other Service, or otherwise using Fitertz, you acknowledge that you have read, understood, and agreed to these Terms of Service and the applicable Fitertz policies.