Terms & Conditions

These Terms & Conditions (“Terms”) are an agreement between you and JaiPar Tech Solutions (“we”, “us”, “our”) and govern your use of the FitOS mobile application (package name com.jaipar.fitos), its backend services and the website https://jaiparfitos.com/ (together, the “Service”). By creating an account, signing in or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

The Service is intended for businesses. You must be at least 18 years old and able to enter into a binding contract under Indian law. If you use the Service on behalf of a gym, fitness centre or other business, you confirm that you are authorised to accept these Terms for that business, and “you” includes that business.

2. Your account

• You must provide accurate registration details (owner name, username, mobile number, gym/branch name and address) and keep them up to date.
• Your mobile number may be verified by a one-time password (OTP). You must only register a number you own or are authorised to use.
• You are responsible for keeping your username, password and device secure, and for all activity under your account and under the staff accounts you create or allow.
• Give staff only the access they need, and remove access promptly when a staff member leaves.
• Tell us immediately at the contact address below if you suspect unauthorised use of your account.

3. The Service

FitOS lets you manage gym branches, member (customer) records, memberships, payment records, dues, pricing history and revenue reports; generate PDF receipts and reports; and send reminders to members through apps such as WhatsApp. Features may differ between plans and may change over time.

FitOS is a record-keeping tool. Amounts, payment modes and dues shown in the App are entered by you and your staff. FitOS does not collect, transfer, hold or settle money between you and your members, and we are not a payment service provider. You are responsible for checking the accuracy of your records, receipts, reports and any tax filings based on them.

4. Subscription & fees

• Some or all features require a paid subscription. The price, billing period and included features are shown to you before you subscribe.
• Fees are payable in advance for each billing period and are exclusive of applicable taxes (such as GST) unless stated otherwise.
• If a subscription expires or payment fails, access to the Service may be restricted until it is renewed. Your data is not deleted only because a subscription has expired; see the Privacy Policy for retention.
• Unless required by law or expressly stated at the time of purchase, fees already paid are non-refundable, including for partially used periods. Cancellations and the cases where we do give refunds are described in our Refund & Cancellation Policy.
• We may change prices for future billing periods. We will give you reasonable notice before a price change applies to you, and you may stop using the Service before it takes effect.

5. Your data & member data

• You keep ownership of the data you and your staff enter into FitOS (“Your Data”), including member names, phone numbers, photos, memberships and payment records.
• You give us permission to store, process, back up and display Your Data only as needed to provide, secure and support the Service, as described in our Privacy Policy.
• For member data, you decide what is collected and why. You are responsible for having a lawful basis for it — including informing your members and obtaining any consent required under applicable law, such as India’s Digital Personal Data Protection Act, 2023 — before entering their details or photos.
• If a member is under 18, you must obtain consent from their parent or guardian before entering their details.
• You must handle member requests to access, correct or delete their data. We will help where reasonably possible.
• You are responsible for keeping your own copies of any records you are legally required to retain.

6. Acceptable use

You agree not to:

• use the Service for any unlawful, fraudulent or misleading purpose, or to record fake members or payments;
• upload content that is unlawful, infringing, obscene, defamatory, or that you have no right to use, including photos of people without their permission;
• access or try to access another gym’s data or account, or share your login with people outside your business;
• probe, scan, overload or disrupt the Service, or bypass any security or usage limits;
• copy, modify, reverse engineer, decompile or create derivative works of the App, except where the law expressly allows it;
• resell, rent or sublicense the Service, or use it to build a competing product;
• use automated scripts or bots to access the Service, other than features we provide.

7. Messages to members

FitOS can open WhatsApp or other apps with a pre-filled message (for example, a payment reminder). You choose whether to send it, and you are the sender. You are responsible for the content of messages you send, for contacting only members who expect to hear from you, and for complying with the terms of WhatsApp and any other messaging service, and with applicable laws on commercial communications.

8. Third-party services

The Service relies on third-party services such as Google Firebase (phone verification), Google Play and WhatsApp. Your use of those services is governed by their own terms and policies. We are not responsible for third-party services, and their unavailability may affect parts of the Service.

9. Intellectual property

The Service, including the App, software, design, the FitOS name, logo and app icon, and all related content (excluding Your Data), is owned by JaiPar Tech Solutions or its licensors and is protected by law. Subject to these Terms and any applicable subscription, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App for your internal business purposes. No other rights are granted.

If you send us feedback or suggestions, we may use them without any obligation to you.

10. Availability & changes to the Service

We work to keep the Service available and reliable, but it may sometimes be interrupted for maintenance, updates, or reasons outside our control, such as network or hosting outages. We may add, change or remove features. If we remove a major feature you have paid for, we will give you reasonable notice. Keep the App updated to receive fixes and security improvements; older versions may stop working.

11. Suspension & termination

• You may stop using the Service at any time and request deletion of your account as described in the Privacy Policy.
• We may suspend or terminate your access, with notice where reasonably possible, if you breach these Terms, fail to pay fees, create risk or legal exposure for us or others, or if required by law.
• After termination, your right to use the Service ends. We will handle Your Data as described in the Privacy Policy. On request made before deletion, we will reasonably help you export your key records.
• Sections that by their nature should survive termination (including 5, 9, 12, 13, 14 and 15) will survive.

12. Disclaimers

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or that data will never be lost; keep your own backups of important records. FitOS does not provide legal, tax, accounting, medical or fitness advice.

13. Limitation of liability

To the fullest extent permitted by law, JaiPar Tech Solutions will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising from or related to your use of the Service. Our total liability for any claim relating to the Service will not exceed the fees you paid us for the Service in the three (3) months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnity

You agree to indemnify and hold harmless JaiPar Tech Solutions and its team from any claims, losses, and expenses (including reasonable legal fees) arising from Your Data, your use of the Service, messages you send to members, or your breach of these Terms or of any law or third-party right.

15. Governing law & disputes

These Terms are governed by the laws of India. Before starting any formal proceedings, please contact us so we can try to resolve the issue informally. Subject to that, the courts having jurisdiction over the registered place of business of JaiPar Tech Solutions in India will have exclusive jurisdiction over any dispute arising from these Terms or the Service.

16. Changes to these Terms

We may update these Terms from time to time. We will change the “Last updated” date at the top of this page and, for material changes, notify you in the App or by other appropriate means before they take effect. If you continue to use the Service after the changes take effect, you accept the updated Terms.

17. General

• These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• If any part of these Terms is found unenforceable, the rest remains in effect.
• Our failure to enforce a provision is not a waiver of our right to do so later.
• You may not transfer your rights under these Terms without our consent. We may transfer ours as part of a merger, acquisition or sale of assets.
• We are not responsible for delays or failures caused by events beyond our reasonable control.

18. Contact us

Questions about these Terms? Contact us:

Developer

JaiPar Tech Solutions

App

FitOS (com.jaipar.fitos)

Email

jaiminparmar8980@gmail.com

Website

https://jaiparfitos.com/

Country

India