Terms of Service

1. About these terms

These Terms of Service (“Terms”) are an agreement between FitxOS Technologies [Private Limited] (“FitxOS”, “we”, “us”), registered at [Full registered address], New Delhi, India, and the coach, studio or business that creates a FitxOS account (“you”). They govern your use of the FitxOS website, web platform, mobile apps and white-label apps (the “Services”).

FitxOS is sold to businesses for professional use. By creating an account you confirm that you are at least 18 years old and that you have authority to accept these Terms for your business. Our Privacy Policy and Data Processing Agreement form part of these Terms.

2. Key terms

• Clients: the people you coach who use the Services, for example through the client app.
• Client Data: personal data about your Clients that is stored or processed in the Services.
• Subscription: your paid plan, including any add-ons you buy.
• White-label App: a client app published under your own brand in the Apple App Store or Google Play.

3. Your account

Keep your account details accurate and your login credentials secure. You are responsible for everything done under your account, including by team members you invite. Tell us at once at support@fitxos.com if you suspect unauthorised access.

4. Free trial

New accounts can try FitxOS free for 14 days. No credit card is required to start. At the end of the trial you can choose a paid plan; if you do not, your account is paused and your trial data is deleted after 30 days.

5. Plans, billing and payment

• Plans are available with monthly or annual billing. Prices are shown in US dollars (USD).
• Subscriptions are billed in advance through Razorpay and renew automatically at the end of each billing period until cancelled. Where your card or bank requires a recurring payment mandate, Razorpay will set it up and send any notices that the rules require.
• Prices exclude taxes. Applicable taxes, such as GST, are added where the law requires, and invoices are issued for every payment.
• You authorise us and Razorpay to charge the payment method on your account for your Subscription and any add-ons.

6. Cancellation and refunds

You can cancel at any time from your account settings or by emailing support@fitxos.com. Cancellation takes effect at the end of your current billing period, and you keep access until then. We do not provide refunds or credits for cancellations, partial periods, unused time or downgrades, except where the law requires otherwise. See our Refund and Cancellation Policy.

7. Failed payments

If a payment fails, we will tell you and retry. You have a 15-day grace period to update your payment details. If payment is still outstanding after 15 days, we may suspend access to the Services until it is paid. Your data is kept during suspension in line with section 18.

8. Price changes

We may change prices. We will give you at least one month’s notice by email before a change applies to you, and the new price applies from your next renewal. If you do not agree, you can cancel before the renewal date.

9. Plan limits and fair use

• Each plan includes the client limit and features shown on our pricing page when you subscribe.
• Storage, video minutes, messaging, automations and AI features are provided for normal use by a coaching business. If your use is far above typical levels or affects other customers, we will contact you first and may ask you to move to a suitable plan or add-on.
• You may not resell or sublicense the Services except through white-label features you have purchased.

10. White-label apps

• You own and keep control of your Apple and Google developer accounts, your app store listings and your app’s name and branding.
• You are responsible for meeting app store rules and for any store fees. We provide the platform, the app build and the publishing support included in your plan.
• Your White-label App depends on the Services and on the add-ons you have bought. If your Subscription or a white-label add-on ends, the features that depend on it stop working. Your developer accounts and listings remain yours.
• App stores decide whether to approve or remove apps, and we are not responsible for their decisions.

11. Your Clients and Client Data

• You decide what Client Data is collected and how it is used. You are the Data Fiduciary (or controller) for Client Data, and we process it on your behalf under our Data Processing Agreement.
• You must give your Clients a privacy notice, obtain any consent the law requires (including explicit consent for health and menstrual cycle data, which the app helps you collect), and respond to their requests.
• Your coaching services, advice and relationship with your Clients are your responsibility.
• You collect payments from your Clients through your own payment account, such as your own Razorpay account. FitxOS does not take a commission on these payments and is not a party to them.
• Clients must be 18 or over.

12. Health information and medical disclaimer

FitxOS is a software tool for coaches. It is not a medical device and does not provide medical advice, diagnosis or treatment. Cycle-aware features and suggested adjustments are general coaching aids. You are responsible for checking that programs and nutrition advice are suitable for each Client, and you should advise Clients to consult a qualified health professional where appropriate, especially for pregnancy, injury or medical conditions.

13. AI features

AI features provide suggestions, such as content tags, draft replies or a recommended plan for the day. Suggestions can be incomplete or wrong, so you must review them before using or sending them, and the Services are designed so that suggestions reach Clients only after your approval. We use a third-party AI provider (Anthropic’s Claude API) to deliver these features and we do not use your data to train AI models.

14. Acceptable use

You agree not to:

• break any law or use the Services for harmful, misleading, abusive or discriminatory content;
• send spam, or use messaging and Instagram or WhatsApp automations in breach of those platforms’ rules;
• collect or use health data without the required consent, or use it for advertising;
• try to break, probe or overload the Services, access other customers’ data, or reverse engineer the software;
• upload content that infringes someone else’s rights or contains malware.

15. Content and intellectual property

You own your content and your Client Data. You give us permission to host, copy, process and display them only as needed to provide and improve the Services for you. FitxOS owns the Services, our software, designs and brand. If you send us feedback, we may use it without any obligation to you.

16. Third-party services

Some features rely on third-party services, such as Razorpay, Daily.co, Google Firebase and Instagram messaging through Zernio. Your use of those services may be subject to their own terms. We are not responsible for third-party services, but we choose them carefully and will tell you about material changes that affect you.

17. Availability, changes and support

We work to keep the Services available and secure but do not promise that they will be uninterrupted or error-free. We may carry out maintenance and improve, change or retire features; if a change materially reduces the core features of your plan, we will tell you in advance. Support is available at support@fitxos.com.

18. Suspension and termination

We may suspend or end your access if you seriously or repeatedly breach these Terms, do not pay, or use the Services in a way that creates legal or security risk; where reasonable we will warn you first. You can end these Terms at any time by cancelling. When your Subscription ends, you can export your data for 30 days, after which we delete it in line with our Privacy Policy, except records we must keep by law.

19. Confidentiality

Each party will keep the other’s non-public business information confidential and use it only for the purposes of these Terms.

20. Disclaimers

Except as stated in these Terms, the Services are provided “as is” and “as available”, and we disclaim all implied warranties to the extent the law allows.

21. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special or consequential losses, or for lost profits, revenue or data. Our total liability for all claims relating to the Services is limited to the fees you paid us in the 12 months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.

22. Indemnity

You will defend and compensate FitxOS for claims and losses arising from your content, your coaching services, your Clients’ claims, or your breach of these Terms or of the law, including data protection law in relation to Client Data.

23. Governing law and disputes

These Terms are governed by the laws of India. Before starting formal proceedings, both parties will try to resolve a dispute in good faith for 30 days. The courts of New Delhi, India have exclusive jurisdiction.

24. Changes to these Terms

We may update these Terms. We will give at least 30 days’ notice by email or in the product before material changes take effect. If you keep using the Services after that, the updated Terms apply; if you do not agree, you can cancel.

25. General

These Terms are the entire agreement between us about the Services. You may not transfer them without our consent; we may transfer them as part of a merger or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control. If any part of these Terms is unenforceable, the rest remains in effect. Notices to you are sent to your account email address.

26. Contact

FitxOS Technologies [Private Limited]
[Full registered address], New Delhi, India
support@fitxos.com