Terms & Conditions
Please read these Terms and Conditions ("Terms") carefully. By accessing our website, creating an account, or using Fitness Manager (the "Services"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.
About the Services
Fitness Manager is a gym and fitness-club management solution that helps businesses manage enquiries, members, memberships, receipts, payments, employees, reports and related operations. Features may vary by plan and may change over time.
Eligibility
You must be at least 18 years old and legally able to enter into a binding contract under Indian law. If you use the Services on behalf of a business, you confirm you are authorised to bind that business.
Account Registration & Security
- You must provide accurate, complete and current information.
- You are responsible for all activity under your account and for keeping your credentials confidential.
- Notify us immediately of any unauthorised use. We are not liable for losses caused by your failure to protect your credentials.
- We may suspend or terminate accounts that provide false information or breach these Terms.
Subscriptions, Fees & Payment
- Some or all of the Services are paid. Applicable prices, billing cycles and features are shown on the website or in your order or quotation.
- Fees are exclusive of GST and other applicable taxes unless stated otherwise.
- Payments are due in advance for the billing period. Unpaid accounts may be suspended after reasonable notice.
- We may revise pricing with prior notice; changes apply from the next billing cycle.
- Online payments are handled by third-party payment providers, whose terms also apply.
Refunds & Cancellation
- You may cancel your subscription at any time by contacting us; access continues until the end of the paid period.
- Fees already paid are non-refundable, except where required by law or expressly stated in your plan or offer. (We offer a 7-day money-back window for new subscriptions).
- If we cancel the Services without cause, we will refund the unused portion of prepaid fees.
Acceptable Use
You agree not to:
- Use the Services for any unlawful, fraudulent or harmful purpose.
- Upload data you have no right to use, or that is defamatory, obscene or infringes others' rights.
- Attempt to gain unauthorised access, probe, disrupt or overload our systems.
- Copy, resell, reverse engineer, decompile or create derivative works from the Services, except as permitted by law.
- Send spam or unsolicited messages using the Services.
Your Data & Responsibilities
- You retain ownership of the data you enter into the Services ("Your Data").
- You grant us a limited licence to host, process and display Your Data solely to provide and improve the Services.
- You are responsible for the accuracy and legality of Your Data, and for obtaining all required consents from your members and employees to collect and process their personal information, including sending them messages.
- You are responsible for the accuracy of billing, membership and attendance records you generate.
- Handling of personal data is described in our Privacy Policy.
Health & Fitness Disclaimer
Fitness Manager is a management tool. It does not provide medical advice, diagnosis or treatment. Any diet, workout or health-related information recorded or displayed through the Services is provided by the gym or its trainers. Members should consult a qualified medical professional before starting any exercise or nutrition programme. We are not responsible for any injury, illness or loss arising from a gym's activities, facilities or advice.
Intellectual Property
The website, software, design, logos, trademarks, text and all related content belong to us or our licensors and are protected by applicable intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your internal business purposes. No other rights are granted.
Third-Party Services
The Services may integrate with or link to third-party tools (such as payment gateways, SMS, email or WhatsApp providers). We are not responsible for their availability, performance or policies, and your use of them is at your own risk.
Availability & Changes
We aim to keep the Services available and reliable, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance, modify, or discontinue features at any time, with reasonable notice where practicable.
Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising from your use of the Services. Our total liability for any claim will not exceed the fees you paid to us in the three (3) months before the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
Indemnity
You agree to indemnify and hold us harmless from claims, losses, liabilities and expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of any law or third-party rights, or Your Data.
Suspension & Termination
We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, or misuse the Services. You may stop using the Services at any time. On termination, your right to use the Services ends. On written request, we will make Your Data available for export for 30 days, after which it may be deleted. Provisions that by nature should survive termination (such as payment obligations, intellectual property, disclaimers, limitation of liability and indemnity) will continue.
Force Majeure
We are not liable for delays or failure caused by events beyond our reasonable control, including natural disasters, power or internet failures, government action, strikes or cyber-attacks.
Governing Law & Dispute Resolution
These Terms are governed by the laws of India. The parties will first try to resolve disputes amicably through discussion. Unresolved disputes are subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India. Disputes will be referred to a sole arbitrator under the Arbitration and Conciliation Act, 1996, with the seat at Mumbai.
Changes to these Terms
We may modify these Terms at any time. The updated version will be posted here with a new "Last updated" date. Continued use of the Services after changes means you accept them.
General
- Entire AgreementThese Terms and the Privacy Policy form the complete agreement between you and us.
- SeverabilityIf any provision is held invalid, the rest remains in effect.
- No WaiverFailure to enforce a right is not a waiver of that right.
- AssignmentYou may not assign these Terms without our written consent. We may assign them in connection with a merger or sale of business.
Contact Us
Business Name
Anayan Software Consultancy Pvt. Ltd.
Address
201, DTC Building, Delisle Rd,
above Cleartrip Office, Lower Parel East,
Mumbai, Maharashtra
Phone
+91 9320016286