Terms of Service — Fitvario

Last updated: 26 April 2026

These Terms of Service ("Terms") govern access to and use of Fitvario websites, web applications, Android mobile applications, and related services (collectively, the "Service") provided by Fitvario ("we", "us"), operated from India. By creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of yourself or the organization you represent.

These Terms are an electronic contract under the Information Technology Act, 2000 (India). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1. The Service

Fitvario is a cloud-based gym management platform that may include: multi-gym administration, member and staff portals, QR and biometric attendance, CRM and leads management, workout and diet content, fitness progress tracking, class scheduling, SMS and WhatsApp Business messaging (via approved templates), push notifications, email communications, analytics and reports, ecommerce listings, messaging credit packs, and integrations with Razorpay (payments), Meta (optional advertising), and other third-party providers. Features depend on your plan and configuration.

2. Eligibility & accounts

You must be at least 18 years of age and legally capable of entering a binding contract under Indian law. If you use the Service on behalf of a gym, company, or organization, you represent that you have authority to bind that entity to these Terms. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of unauthorized access.

3. Gym organizations & end users

Where a gym uses Fitvario to manage members, the gym is responsible for its relationship with those members, obtaining all lawful consents and notices (including for health-related data, WhatsApp/SMS marketing, biometric attendance, and any applicable DPDP Act 2023 requirements). Fitvario provides the platform as a data processor for member data on the gym's instructions; the gym acts as the data fiduciary for its member data.

4. Subscriptions, credits & payments

Fees, billing cycles, taxes, and payment methods are as agreed at purchase or in your order form. Subscriptions and messaging credits (SMS/WhatsApp) may be purchased through Razorpay, our RBI-authorised payment gateway. By making a payment, you also agree to Razorpay's Terms of Service and Privacy Policy. App purchases via Google Play Store are governed by Google's policies.

Late or failed payments may result in suspension of access. Unless otherwise stated, fees are non-refundable except as required by law or our Refund Policy.

5. Acceptable use

You agree not to:

• Violate any applicable law, regulation, or third-party rights.
• Upload malware, conduct unauthorized scans, or interfere with the Service or its infrastructure.
• Misuse attendance, QR, biometric, or messaging features to harass, deceive, stalk, or track individuals without lawful authorization.
• Reverse engineer, decompile, or disassemble the Service (except where expressly permitted by applicable law), or resell or sublicense access without written consent.
• Send unsolicited commercial communications (spam) through SMS, WhatsApp, email, or push channels; or send messages outside the scope of approved WhatsApp Business message templates.
• Use the Service to process data of individuals without their lawful consent, particularly biometric data or health-sensitive data of minors, in violation of applicable law.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

6. Content & intellectual property

Fitvario retains all rights, title, and interest in the Service, software, branding, and documentation. You retain rights in content you upload; you grant us a worldwide, royalty-free license to host, process, transmit, and display such content solely to provide and improve the Service. You represent that you have all necessary rights, licenses, and consents for your content.

7. Third-party services

The Service integrates with third parties including Razorpay (payments), Meta / WhatsApp Business Cloud API (messaging and advertising), push notification providers, email delivery services, SMS gateways, and cloud infrastructure providers. Your use of these integrations may be subject to the respective third party's terms and privacy policies. We are not responsible for third-party outages, policy changes, or practices beyond our reasonable control.

8. Health & fitness disclaimer

Workout, diet, BMI, calorie, and similar features are for general wellness and operational purposes only. They do not constitute medical advice, diagnosis, or treatment. Consult qualified healthcare professionals for medical decisions. Gyms are solely responsible for the accuracy and appropriateness of fitness content provided to their members.

9. Availability & changes

We target high availability but do not guarantee uninterrupted access. Scheduled maintenance will be announced where practicable. We may modify, suspend, or discontinue features with reasonable notice. We may update these Terms; continued use after the effective date constitutes acceptance. Material changes that adversely affect your rights will require your explicit acceptance or allow you to terminate.

10. Confidentiality

Each party will protect the other's confidential information with at least the same care used for its own confidential information (and no less than reasonable care), and use it only in connection with the Service. Standard exceptions apply (public domain, independent development, lawful disclosure).

11. Limitation of liability

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, business opportunity, or goodwill, arising out of or related to the Service. Our total aggregate liability for all claims in any twelve-month period is limited to the fees you paid to us in that period (or, if none, ₹500 or equivalent). These limitations do not apply where prohibited by law, including applicable consumer protection laws in India.

12. Indemnification

You will defend, indemnify, and hold harmless Fitvario and its team from any claims, losses, or damages (including legal fees) arising from: your content, your breach of these Terms, your violation of applicable law or third-party rights, or your misuse of the Service—except to the extent caused by our gross negligence or willful misconduct.

13. Termination

You may stop using the Service and close your account at any time by contacting us. We may suspend or terminate your access for breach of these Terms, fraud, legal requirements, or prolonged non-payment. Upon termination, you may export your data within the grace period provided. Provisions that by nature survive termination (intellectual property, limitation of liability, indemnification, governing law) will survive.

14. Governing law & disputes

These Terms are governed by the laws of India, including the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the Digital Personal Data Protection Act, 2023, without regard to conflict-of-law principles. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of competent courts in India, subject to mandatory consumer rights in your jurisdiction.

Before initiating any legal proceedings, parties agree to attempt good-faith resolution by contacting our Grievance Officer (see Section 15) within 30 days of the dispute arising.

15. Grievance Officer

In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, our designated Grievance Officer is:

For full details, visit our Grievance Officer page.

16. Contact

General queries: support@fitvario.com

Legal disclaimer. These Terms are a framework for using our platform. A qualified Indian law attorney should review and adapt them for your specific entity, contractual relationships, and applicable regulations (including data processing agreements if required).