TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MOBILE APPLICATION

INTRODUCTION

  1. 1. These Terms of Use are the terms under which you may use our Mobile application i.e. Fitzen, as a registered user. Use of our service includes accessing or registering to use our Mobile application.
  2. 2. These Terms of Use are subject to the Privacy Policy available here: Privacy Policy, which sets out the terms on which we process the date we collect from you, or that you provide to us. By consenting to use our Mobile applications, you consent to such processing and you warrant that all the data as provided by you is true, accurate and up-to-date. These Terms set forth a legally binding contract between You and Us. By using the Mobile application, You agree to be bound by these Terms together with the Privacy Policy.
  3. 3. These Terms of Use stipulate on how you may use our Mobile application. If you do not agree to these Terms, you must not use our Mobile application. You acknowledge, consent and agree that the Company may treat Your account information along with such other information provided by You as per the Privacy Policy.
  4. 4. This Terms of Use together with the Privacy Policy or any other policies/legal notices published by the Company on our Mobile Application, shall constitute the entire agreement between You and the Company concerning the Mobile application and the services provided by the Company and shall govern Your use of the Mobile application, superseding any prior agreements between You and the Company with respect to the Mobile application.

ABOUT US

  • 1. “Softek Solutions Pvt. Ltd,” a Company incorporated under Companies Act, 2013 provides the Mobile application “Fitzen,” which strives to provide a seamless experience to the fitness enthusiasts by connecting them with trainers and nutritionists to help them shed weight, build muscle and get back to living a healthy lifestyle.

OUR SERVICES

  • 1. Fitzen provides the following features and services to you:
    • a. Connect you with Trainers: Clients on the app can avail workout training services and get meal plans based on their goals from the trainers available on the app.
    • b. Training History: Clients will get a history of the workout training that was completed in the past.
    • c. Nutrition History: Clients will get details of what nutrition was recommended and consumed in the past.
    • d. Chat: Clients will have the option to communicate with Trainers via the chat option.

DEFINITIONS

  • 1. “Company,” “Fitzen,” “Us,” “We,” and “Our,” means Softek Solutions Pvt. Ltd and any other companies that are its subsidiaries and affiliates.
  • 2. “Services,” means the services as detailed above under “Our Services,” and shall include any other service that the Company may provide in future.
  • 3. “User,” “You,” and “Your/s,” means any natural person who has agreed to become a member/user of the Mobile application by providing account information detailed under the Privacy Policy while registering on the Mobile application as a Registered User using Mobile applications. computer systems.
  • 4. “Client,” means any natural person availing the services on the app.
  • 5. “Trainer,” means a professional who will provide workout plans on the app.
  • 6. “Mobile Application,” means the Fitzen application downloaded from playstore to avail services provided by the Company.
  • 7. “Fitzen Portal,” means the Portal as accessed by the Company for the purpose of managing Fitzen Mobile application

REGISTRATION OF USERS

  • 1. Registration of Clients: If you are registering as a client, you may do so by providing your account information as detailed under the Privacy Policy during sign-up. To continue to use our services successfully, you must fully understand and comply with ‘Terms of Acceptance,’ as detailed below
  • 2. Registration of Trainers: If you are registering as a trainer on the application, you may do so. Unlike registration of clients, registration of trainers will take place in two steps as follows:
    • a. Step 1: Register as a Trainer. Download the Fitzen – Trainer app and follow the registration process.
    • b. Step 2: Once registered as a Trainer, the Fitzen Portal will confirm your registration after successful completion of an interview with you from our side.

TERMS OF ACCEPTANCE

  • 1. To accept these Terms of Use, You must be at least 18 (eighteen) years of age. In the event that You are below 18 (eighteen) years of age or such other older legal age, Your guardian must read and understand and accept the provisions on Your behalf.
  • 2. To use our services you will have to register with us by creating an account. When you create your account you provide Us with current, complete and accurate information as prompted by the registration form. We provide you with tools to update the identifiable information relating to You from time to time.
  • 3. If You provide any information that is untrue, inaccurate or incomplete, We have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete and We shall reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Mobile application at any time.
  • 4. To access Your account on the Platforms, You will be asked to log in with Your user ID and password, to establish a unique identity for You. You are responsible for maintaining the confidentiality of Your password and account information. If there is any compromise on Your password You can change Your password using the ‘Forgot Password?’ functionality.

ACCESSING OUR MOBILE APPLICATION

  • 1. We do not guarantee that your use of the Mobile application will always be available or uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Mobile application without notice. We will not be liable to you including without limitation for any losses incurred if for any reason the Mobile application is unavailable at any time or for any period.
  • 2. In order to access our services without interruption you agree that You are responsible for ensuring that You have access to internet connection that supports your usage of our Mobile application.

USAGE AND TERMINATION OF ACCOUNT

  • 1. These Terms of Use shall remain in full force and effect for so long as You use the Platform. You may delete Your account at any time, for any reason, by sending an email to contact@fitzeners.com.
  • 2. The Company reserves the right to terminate the services or the Platform without prior notice. Your account or Your access to the Platform may be terminated immediately, with or without notice to You, and without liability to You, if the Company believes that You have breached any of these Terms, the Privacy Policy, or any false or misleading information, or interfered with use of the Platform by others.
  • 3. The Company reserves the right to cancel, delete or deactivate Your Account, if it believes the same has been compromised, or is being used fraudulently. This maybe done at the discretion of the Company.

SAFETY AND SECURITY

  • 1. By accepting these terms you agree that the Mobile application and the software embodied within the Mobile application may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company, the same shall at all times be subject to the Privacy Policy of the Company. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Platform. Any attempt to override, disable, circumvent or otherwise interfere with any such security components will lead to termination or suspension of your account without any prior notice.

PROHIBITED CONDUCT ON FITZEN

  • 1. By accepting to the Terms of Use you agree and understand that You shall in all circumstances not use the Platforms in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material:
    • a. in violation of any applicable law or regulation;
    • b. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
    • c. that belongs to another person and to which the user does not have any right to;
    • d. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous;
    • e. harm minors in any way;
    • f. deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;

WARRANTIES AND LIABILITIES

  • 1. The Company providing the Mobile application is only an “intermediary,” providing its platform to enable seamless experience of clients and trainers.
  • 2. The Company at its true best is taking measurements to protect its systems from unwanted viruses, malware or other harmful content. However, the Company does not warrant that its Mobile application, information, content or services are free of viruses, malware, or other harmful components.
  • 3. The Company shall not be liable for any unanticipated or unscheduled down time of all or a portion of the services provided to the Users.
  • 4. By accepting these terms, you agree and acknowledge that the Company is only an ‘intermediary,’ that facilitates your access to various services and enables your interaction with trainers, is not liable and shall not be responsible for any illegal activity that occurs on the app from interactions between clients and trainers and shall not be held responsible for. The remedy for the user of any such activities lies with the law enforcement agencies or other appropriate forums as per the law.
  • 5. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.

INDEMNITY

  • 1. By accepting to the Terms of Use You agree to defend, indemnify and hold harmless the Company, and its subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising directly from;
    • a. Your use of and access to the Mobile application;
    • b. Your violation of any Terms of Use and the Privacy Policy contained herein;
    • c. Your violation of any third party right, including without limitation any copyright, property, or privacy right.

    Provided however the same are not on account of fraud, misrepresentation or negligence of the Company or its employees.

CHANGES TO THE TERMS OF USE

We enable you to avail our services based on the consent you expressly grant at the time of registration. In case we change our Terms of Use which further changes the way we process your information and the manner in which our services are provided or there is substantial revision of your rights and obligations arising under the Terms of Use, we will notify and give you an opportunity to review the revised Terms of Use before you choose to proceed with our services.

GOVERNING LAW AND JURISDICTION

The Privacy Policy and Terms of Use of the Mobile application shall be governed with the Laws of India and other applicable laws. In case of any dispute arising under the terms of Use you agree to submit to the exclusive jurisdiction of the courts in Hyderabad, India.

Grievance Redressal

We have a dedicated team at your service to redress any grievances that you may have in relation to our Terms if Use. In order to reach out to us, please write to contact@fitzeners.com

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