1. Acceptance of Terms
By downloading, installing, registering for, or using Fittians ("the App," "we," "us," "our"), you ("User," "you") agree to be bound by these Terms and Conditions ("Terms") and our separate Privacy Policy. If you do not agree, please do not use the App. These Terms constitute a legally binding electronic contract under the Information Technology Act, 2000 and the rules made thereunder, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and do not require any physical or digital signature, in accordance with Section 10A of the IT Act, 2000.
2. Eligibility
- You must be at least 18 years old to create an account and use the App independently. Users between 13–18 may use the App only with the consent and supervision of a parent or legal guardian, who agrees to these Terms on the minor's behalf.
- The App is not intended for children under 13, and we do not knowingly collect personal information from them.
- By using the App, you represent that all information you provide (age, health data, contact details) is accurate and current.
3. Nature of the Service (Fitness-Specific Disclaimer)
- Fittians is a fitness and wellness tracking tool. It is not a medical device and does not provide medical advice, diagnosis, or treatment.
- Calorie counts, heart rate estimates, distance/step tracking, and other metrics are estimates based on sensor and self-reported data, and may not be clinically accurate.
- You should consult a physician or qualified healthcare provider before beginning any new exercise, diet, or fitness program, particularly if you have a pre-existing medical condition, injury, or are pregnant.
- You use workout plans, challenges, and recommendations at your own risk. Fittians is not liable for injury, health complications, or adverse outcomes arising from use of the App.
- If the App includes emergency/SOS or fall-detection features, these are supplementary aids only and not a substitute for emergency medical services.
4. Account Registration and Security
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to notify us immediately at Fittians@gmail.com of any unauthorized use of your account.
- We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or engage in fraudulent or abusive behavior.
5. Subscriptions, Payments, and Refunds
- Certain features (premium plans, coaching, advanced analytics) may require a paid subscription, billed via Google Play Billing or Apple's In-App Purchase system as applicable.
- Subscriptions auto-renew unless cancelled at least 24 hours before the renewal date, through your respective app store account settings.
- Refunds are governed by the policies of Google Play / Apple App Store, and, where applicable, the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 for any direct sales made outside the app stores.
- Prices are listed in Indian Rupees (₹) for Indian users and are inclusive of applicable GST unless stated otherwise.
6. User Conduct
You agree not to:
- Upload false, defamatory, obscene, or unlawful content (including in community/social features, if any), or content prohibited under Rule 3(1)(b) of the IT Rules, 2021;
- Reverse-engineer, decompile, or attempt to extract the App's source code;
- Use the App to harass, stalk, or share another user's health/location data without consent;
- Use bots, scrapers, or automated means to access the App's data or backend systems;
- Violate any applicable Indian law, including the IT Act, 2000, and rules framed thereunder.
7. User-Generated Content
- If the App allows posting of progress photos, comments, or community posts, you retain ownership of your content but grant Fittians a limited, non-exclusive, royalty-free license to display, store, and process it for the purpose of operating the App.
- We reserve the right to remove content that violates these Terms or applicable law, and to act on takedown requests as required under the IT Rules, 2021, including removal of content within 36 hours of a valid order from a court or government agency.
8. Intellectual Property
- All trademarks, logos, workout content, and software comprising the App are the property of Fittians or its licensors and may not be copied, redistributed, or used commercially without written permission, and are protected under the Copyright Act, 1957 and the Trade Marks Act, 1999.
9. Third-Party Services and Integrations
- The App may integrate with third-party services (Apple HealthKit, Google Health Connect, wearables, payment gateways). Your use of those services is subject to their own terms and privacy policies, which we encourage you to review.
10. Disclaimer of Warranties
- The App is provided "as is" and "as available." We do not guarantee uninterrupted, error-free, or secure operation at all times.
- We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted under Indian law.
11. Limitation of Liability
- To the extent permitted by applicable law, Fittians shall not be liable for indirect, incidental, or consequential damages, including personal injury or loss of data, arising from use of the App.
- Nothing in these Terms limits liability that cannot be excluded under Indian law (e.g., liability for gross negligence, willful default, or statutory consumer protections).
12. Grievance Redressal
In accordance with the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Consumer Protection (E-Commerce) Rules, 2020, grievances may be addressed to:
Grievance Officer: Ridhik Baya
Designation: Grievance Officer
Email: Fittians@gmail.com
Address: 006, Vaishno Realty White Petals, Balagere Road, Varthur, Bangalore, 560087
Response timeline: Acknowledgement within 24 hours; resolution within 15 days, as prescribed under Rule 3(2) of the IT Rules, 2021.
13. Termination
- You may delete your account at any time via App → Profile or by writing to Fittians@gmail.com.
- We may suspend or terminate your access for breach of these Terms, with notice where reasonably possible.
14. Governing Law and Jurisdiction
- These Terms are governed by the laws of India. Courts at Bangalore, Karnataka shall have exclusive jurisdiction over any disputes, subject to applicable consumer protection provisions allowing users to approach consumer forums/commissions in their own place of residence under the Consumer Protection Act, 2019.
15. Changes to These Terms
- We may update these Terms from time to time. Continued use of the App after changes take effect constitutes acceptance. Material changes will be notified via in-app notice or email.