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Welcome to Fithensive. These Terms of Service ("Terms") govern your access to and use of the Fithensive platform, Fitchakra member app, website, mobile experiences, and related services (collectively, the "Service"), operated by Cinemachines Private Limited ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
1. Description of the Service
Fithensive is a gym and fitness center management platform that enables fitness businesses to manage memberships, class and appointment scheduling, billing and invoicing, attendance and access control, inventory and point-of-sale, and member communications, including notifications delivered via SMS, email, and WhatsApp.
We provide the software; your gym or fitness business provides its memberships, training, and facilities. Its membership agreement and cancellation rules are separate from these platform Terms. Any separately agreed business subscription terms also apply to the relevant business account.
2. Eligibility and Accounts
- You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account on the Service.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
- You agree to provide accurate, current, and complete information during registration and to keep it up to date.
- You must notify us immediately of any unauthorized use of your account.
3. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Attempt to gain unauthorized access to the Service, other user accounts, or our systems and networks;
- Interfere with or disrupt the integrity or performance of the Service;
- Upload or transmit viruses, malware, or any other malicious code;
- Copy, modify, distribute, sell, or lease any part of the Service without our prior written consent;
- Use automated means (bots, scrapers) to access the Service without our permission.
4. Memberships, Payments, and Billing
- Membership plans, class packages, and products purchased through the Service are subject to the pricing and terms displayed at the time of purchase.
- Payments are processed through third-party payment providers (such as Razorpay). We do not store your full card details on our servers.
- Where recurring billing is enabled and authorized, renewal and cancellation follow the plan terms shown at signup. Not every membership renews automatically. Contact your gym to confirm its rules.
- Refunds, if applicable, are governed by the refund policy of the gym or fitness center you are a member of, and by applicable law.
5. Communications and WhatsApp Messaging
By providing your phone number and opting in, you consent to receive transactional and service-related communications from us and from the fitness business you are a member of, including via SMS, email, and WhatsApp (a service provided by Meta Platforms, Inc.). These may include membership renewal reminders, invoice and payment notifications, class and appointment reminders, and account updates. You may opt out of these communications at any time by contacting us or by using the opt-out mechanism provided in the message. Use of WhatsApp is also subject to WhatsApp's own terms and privacy policy.
6. Intellectual Property
The Service, including its software, design, text, graphics, and logos, is owned by or licensed to Cinemachines Private Limited and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.
If you upload information about other people, you must have the authority and any required permissions to do so. AI-assisted responses can be incomplete or inaccurate; review them before relying on them or approving changes to business records.
7. User Content and Data
You retain ownership of the data you submit to the Service. You grant us a license to host, process, and display that data solely to provide and improve the Service. Our collection and use of personal data is described in our Privacy Policy. You may request deletion of your data as described on our Data Deletion page.
8. Health Disclaimer
The Service is a management and scheduling tool and does not provide medical advice. Always consult a qualified physician before beginning any exercise program. Participation in fitness activities booked or tracked through the Service is at your own risk.
9. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or if we reasonably believe your use poses a risk to the Service or other users. You may stop using the Service and request account deletion at any time.
10. Disclaimers and Limitation of Liability
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the maximum extent permitted by law, Cinemachines Private Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or in connection with your use of the Service.
Nothing in these Terms excludes rights or liabilities that cannot lawfully be excluded, including applicable mandatory consumer protections.
11. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
12. Governing Law
These Terms are governed by the laws of India, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
13. Contact Us
If you have any questions about these Terms, please contact us at support@fitchakra.com.