We, TrueFit (collectively used to refer to TrueFit, TrueFit Wellness Inc., and its affiliates, successors and assigns) bring to you a digital health and wellness subscription service that combines one-on-one mobile personal coaching and wellness technology to help you shift to a healthier lifestyle and reach your goals. While wellness trackers and apps are useful tools, they are missing the elements of on-going engagement, motivation and accountability. TrueFit solves this, by connecting you to a professional health and wellness coach via the “TrueFit App” (available on iOS and Android platforms) You can read more about TrueFit and our products/ services on the website “TrueFitGlobal.com” (together with the TrueFit App is hereby referred to as the “Platform”). For ease of reading and clarity, the Platform, the TrueFit App and the related services are collectively referred to as the “Services”.

These Terms of Service along with the Privacy Policy (“Terms”) govern your access to and use of the Services, so please read them carefully before using the Services. By accessing and using any of the Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use any of the Services.

As our business grows and we add new functionality to the Services, we may revise these Terms at any time and without giving you prior notice. The last date these Terms was revised is written at the end of this page. Your acceptance of these Terms (including revised Terms through your continued access and use of the Services), along with other terms and conditions, policies and disclaimers of TrueFit, constitute a valid and binding agreement between you and TrueFit Wellness Inc.

General Terms

These terms and conditions (“Terms”, “Agreement”) are an agreement between TrueFit (“Mobile Application Developer”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the TrueFit’s mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).

Service

The content of the TrueFit Website/App/Social Media, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind.

You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/App/Social Media. Reliance on any such content is solely at your own risk.

Results may vary based on each member’s physical health, diet and exercise, an adherence to TrueFit’s programmes. We approach fat reduction and overall, wellbeing. TrueFit claims no guarantee of results.

If you have not been physically active for more than 1 (one) year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the services and your results can vary in case of following conditions:

1. Heart disease
2. High blood pressure
3. Family history of high blood pressure or heart disease
4. Chest pain caused by previous exercise
5. Dizziness or loss of consciousness caused by previous exercise
6. Bone or joint problems
7. Diabetes, high cholesterol, obesity
8. Arthritis
9. Smoking/Alcohol Consumption
10. Sedentary lifestyle
11. Lactating (upto 6 months)
12. Kidney disease
13. Irritable Bowel Syndrome

You should discontinue diet/exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

The content provided on or through this Website/App regarding drug or dietary supplements or products for sale on the Marketplace have not been evaluated or approved by any regulatory authority including the Drug Controller of India.

TrueFit provides a marketplace to the dietitian and the member and TrueFit is not responsible for any legal issues between the two parties. TrueFit is not responsible for the results or medical consequences.

If you have purchased a TrueFit Diet/Mind/Exercise premium plan, you will not be eligible for a refund from TrueFit.

TrueFit provides the pause facility in limited plans and the information and feature is explained or mentioned while selling the plan and not available on all plans/services. You can pause your plan in case of the following events:

1. Pregnancy: 1 Year
2. Natural Calamity: 2 months
3. Death of a family member: 2 months

Backups

We are not responsible for content residing in the Website, Mobile Application. In no event shall we be held liable for any loss of any content. It is your sole responsibility to maintain appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Accounts and membership

If you create an account in the website, mobile application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services. We may block your email address and internet protocol address to prevent further registration.

Links to other mobile applications

Although this website, mobile application may link to other mobile applications/websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application/websites, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this mobile application. Your linking to any other off-site mobile applications is at your own risk.

Prohibited uses

In addition to other terms as set forth in the agreement, you are prohibited from using the website, mobile application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related mobile application, other mobile applications, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related mobile application, other mobile applications, or the internet. We reserve the right to terminate your use of the service or any related mobile application for violating any of the prohibited uses.

Intellectual property rights

This agreement does not transfer to you any intellectual property owned by website, mobile application developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with mobile application developer. All trademarks, service marks, graphics and logos used in connection with our mobile application or services, are trademarks or registered trademarks of website or mobile application developer or mobile application developer licensors. Other trademarks, service marks, graphics and logos used in connection with our mobile application or services may be the trademarks of other third-parties. Your use of our mobile application and services grants you no right or license to reproduce or otherwise use any mobile application developer or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will website, mobile application developer, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if mobile application developer has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of mobile application developer and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to mobile application developer for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold mobile application developer and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the mobile application or services or any will-full misconduct on your part.

Severability

All rights and restrictions contained in this agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Bengaluru, Karnataka, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Bengaluru, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this agreement. The United Nations convention on contracts for the international sale of goods does not apply to this agreement.

Changes and amendments

We reserve the right to modify this agreement or its policies relating to the website/mobile application or services at any time, effective upon posting of an updated version of this agreement in the mobile application. When we do, we will post a notification in our website/mobile application. Continued use of the website/mobile application after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this agreement and agree to all its terms and conditions. By using the mobile application or its services you agree to be bound by this agreement. If you do not agree to abide by the terms of this agreement, you are not authorized to use or access the website/mobile application and its services.

Communication

You consent to receive communications from us by way of emails, phone calls and SMA’s, WhatsApp with respect to your transactions on our website/mobile application. Users will be required to register their valid phone numbers and e-mail addresses to facilitate such communication. We may also use your e-mail address to send you updates, newsletters, changes to features of the service, and the like to provide you better services.

Modifications to services and data

The services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the services (or a part of the services) from time to time without prior notice to you. Please backup your data as TrueFit has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the services.

User content

You are solely responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials (“user content”) that you upload, transmit, post, publish or display (“post”) on the platform or email or otherwise transmit or use via the services, including content shared through use of the various third-party trackers either built in your phone or which pair up with your phone. You acknowledge that we may use technological tools to screen, track, extract, compile, aggregate or analyse any data or information resulting from use of the services. You agree to not use the services to post or otherwise transmit any content that is unlawful, threatening, spam, contains software viruses or, in the sole judgment of TrueFit, restricts or inhibits any other person from using or enjoying the services, or which may expose TrueFit or its users to any harm or liability of any type. You acknowledge that TrueFit has the right to remove such user content, at its sole discretion and without prior notice to you.

You will not use the services in any way that is unlawful or harms TrueFit, its directors, employees, affiliates, distributors, partners, service providers and/or any other user of the services. You may not use the services in any manner that could damage, disable, overburden, block, or impair the services, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party’s use and enjoyment of the services.

TrueFit exempts itself from all and any liability arising out of the user content on the platform or via the services that violates any applicable laws, or the rights of any third party.

We welcome your comments, questions, suggestions and feedback about the platform or the services (“submissions”). But be aware that any comments or suggestions you make to TrueFit are non-confidential and become the property of TrueFit, which will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

You agree that you are the owner of the copyright in the user content that you post on the platform and transmit via the services. You agree to grant TrueFit a non-exclusive, non-revocable, worldwide, royalty-free license to copy distribute, display, reproduce, modify, adapt, create derivative works, and publicly perform the user content that you post on the platform in all forms. This license applies to all works of authorship of user content.

You agree that TrueFit has the authority and sole discretion to remove or take-down user content that you post on the platform.

Services content

The services may contain content and information such as data, text, audio, video, images (“services content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights under applicable laws. All services content is owned exclusively by TrueFit. A worldwide royalty-free license is granted to you by TrueFit to use the service content for personal and non-commercial use only. Apart from that, none of the platform or the service content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.

You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the platform or the services content other than as authorized by these terms or for any purpose not intended under these terms is strictly prohibited and may result in termination of the license granted to you by TrueFit under these terms. The technology and software underlying the services is the property of TrueFit, our affiliates and our partners (the “software”). You agree not to reverse engineer, reverse assemble, modify or otherwise attempt to discover any source code version of the software. We reserve all right, title and interest in and to the software and services content, except for the limited rights expressly granted in these terms.

TrueFit names and logos are trademarks and service marks which are proprietary to and are owned by TrueFit (collectively the “TrueFit trademarks”). Other company products, brand names and logos used and displayed via the services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to TrueFit. You will not, in any manner, register or attempt to register use any of the TrueFit trademarks or any third-party trademark or proprietary material unless expressly authorized by TrueFit and/or the relevant third party which is the proprietor of the brand.

All intellectual property in the platform and services and the platform used in the platform and services, the software used in the platform and services, the underlying works, techniques and processes used by TrueFit in the platform and services, including copyright in such works, belongs exclusively to TrueFit. Through your use of the platform and services, by no means is a license or assignment impliedly or expressly granted by TrueFit to you in respect to such works.

TrueFit may provide certain instruments or hardware (“hardware”) to you as a part of the overall services and to avail the services. You will only use the hardware to consumer the services. Such hardware has to be returned to TrueFit upon completion of the programs to which you have subscribed or when the services are terminated. Further, any welcome kit or starter kit provided during a program as part of the services is without any charges and are merely complimentary offerings.

We do not provide medical advice

TrueFit does not provide medical advice. Do not use the site or the services for any medical or mental health needs. If you think you may be a danger to yourself or others, or you are having a medical or mental health emergency, call the emergency medical services in your home jurisdiction. The services provided by TrueFit, including information provided through personalized coaching services, does not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. Nothing on the platform or in the services should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or otherwise engage in the practice of medicine by TrueFit. The platform does not connect users to any registered medical practitioner for provision of medical services and the platform is not a technology platform enabling ‘telemedicine’ as defined under the telemedicine practice guidelines dated march 25, 2020.

You should consult with your physician before making any changes to your diet or exercise program, including making any changes suggested through any of the TrueFit services. By using the services, you represent that you have received consent from your physician to participate in the programs, you learn about through the services. We are not responsible for any medical or mental health problems you may face as a result of partly following/ not following the advice, nutrition changes, training and other services provided under this program.

TrueFit does not, refer, endorse, verify, evaluate or guarantee any advice, information, exercise, diet, institution, product, eco-system partner, opinion or other information or services provided through the services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any coach or eco-system partner. TrueFit does not warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written by any coach or eco-system partner or any advice provided. TrueFit will not be liable for any damages sustained due to reliance by the user on such information or advice provided by any coach or eco-system partner. Notwithstanding the above, the aggregate monetary liability of TrueFit for any losses, harm or injury that may occur due to use of the services, will be limited to the amount of subscription fees paid by you for the services.

Third party content

The services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the internet. TrueFit has no control over such sites and resources and TrueFit is not responsible for and does not endorse such sites and resources. TrueFit will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource. Your use of the third-party resources, including third party websites, is subject to the terms of use of the respective third party and TrueFit is not responsible for your use of any third-party resources.

TrueFit does not endorse and will not be liable for any content posted by third parties. You must evaluate the accuracy and usefulness of such third-party content. TrueFit does not pre-screen content, but TrueFit and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the services, including the right to remove any content that violates the terms or is deemed by TrueFit to be unlawful and / or inappropriate. Your use of such third-party content is subject to the terms of use of the respective third party and TrueFit is not responsible for your use of such third-party content.

Third party services

The Services may, in certain instances, be offered to you (i) as a result of you purchasing or availing of certain third-party products / services, and / or (ii) bundled with certain third-party products / services. In such cases, you would be bound by the terms and other applicable policies of the third parties for such products / services availed and TrueFit will in no manner be liable to any losses you may incur as a result of you using such third-party products or services. Their Terms will not apply to your use of such third-party products / services.

Intermediary

In respect of the user content and third-party content uploaded / transmitted via the services, TrueFit is a publisher of such information posted by you and would be an ‘intermediary’ as per the information technology act, 2000 and the rules framed thereunder. Being an intermediary, TrueFit has no liability in respect to any user content and third-party content on the platform and is not legally obligated to you or any third party to delete or take-down such user content and third-party content unless in accordance with an order passed by a court or a notification passed by a government agency.

Program termination policy

You agree that TrueFit, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the services and remove and discard any content within the services for any reason, without prior intimation to you. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. TrueFit will not be liable to you or any third-party for any termination of your access to the services. You cannot suspend or hibernate your service once you have commenced it.

Upon user account termination or suspension, regardless of the reasons therefore, your right to use the platform, services or services content immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the platform and services. TrueFit shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by us in connection with such account termination or suspension.

TrueFit reserves the rights to terminate your subscription to our plans or services if any of the following are observed:

Misconduct of any kind:

1. Insulting the staff by rude behaviour,
2. Derogatory and or uncomfortable communication,
3. Unprofessional and inappropriate communication and/or expectations from staff,
4. Giving sexual remarks on the staff,
5. Sharing of inappropriate content with the staff.

TrueFit may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others or breach of applicable laws, whether or not there is any repeat infringement or violation.

Doctor policy

All information provided on TrueFit wellness service or in connection with any communications supported by TrueFit wellness service, including but not limited to communications with TrueFit is intended to be for general informational purposes only, TrueFit wellness service is not a substitute for professional medical diagnosis or treatment; and reliance on any information provided by TrueFit wellness service is solely at your own risk.

All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.

TrueFit and any advice, tips, recommendations, suggestions etc. given to you by us and/or by your coach and/or any brand ambassador and/or any person associated with TrueFit, on the platform or otherwise, is intended for use only by individuals healthy enough to perform exercise. While our and our coaches’ advice, tips, recommendations, suggestions etc. consider several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors, we are not a medical organization, and our recommended workout plans, diets, exercises etc. should not be misconstrued as medical advice, prescriptions, or diagnosis. Consider the risks involved and consult with your medical professional before engaging in any physical activity.

TrueFit and/or any of its brand ambassadors and/or any person associated with it, is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of TrueFit or any advice, tips, recommendations, suggestions etc. including that of your coach and/or any person associated with TrueFit. Further, you shall not have and you shall not make any claim for any costs, damages, charges, liabilities etc. against TrueFit and/or any of its brand ambassadors and/or any person associated with it in the event you do not and/or are not able to achieve results from your use of the features of TrueFit and/or any advice, tips, recommendations, suggestions etc. given to you by us and/or any of our coaches and/or any persons associated with TrueFit. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. If you are greater than 35 years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using TrueFit or acting on any advice, recommendations etc. including your coach’s advice: heart disease, high blood pressure, family history of high blood pressure or heart disease, chest pain caused by previous exercise, dizziness or loss of consciousness caused by previous exercise, bone or joint problems, diabetes, high cholesterol, obesity, arthritis. We reserve the right to deny you access to TrueFit or your coach for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

We cannot be substituted for your primary care physician

TrueFit Coaches on TrueFit Wellness Inc., are not “your” doctor, physician, or healthcare provider. When you participate in a consult on TrueFit wellness service, you understand and agree that TrueFit coaches on TrueFit wellness service are not your primary care physician and you agree not to use TrueFit wellness service as a substitute for interactions with your primary care physician. TrueFit wellness service contains content that may help you identify services or may offer services. Everything on TrueFit wellness service, including content accessed or services provided through TrueFit wellness service, are for your information, and should be used for informational purposes only. This means that content and services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.

We don’t provide personal diagnosis, treatment or prescriptions

Interactions on TrueFit Wellness Inc., do not constitute the practice of medicine, and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use TrueFit to diagnose or treat a medical condition. Please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.

We’re not for use in emergencies

Never use TrueFit in a potential or actual medical emergency.

We need complete information

TrueFit can only advise you based on what you’ve described. Please ensure that you share accurate and complete information.

Quality assurance

You understand that information collected through your use of the services may be reviewed under a TrueFit quality assurance program. The records of the TrueFit quality assurance team are subject to confidentiality. All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.

We strongly recommend that you always consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, or before taking any drug or changing your diet

We strongly recommend that you always consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, or before taking any drug or changing your diet

Indemnity

You agree to defend, indemnify and hold TrueFit (including its affiliates, its directors, employees and officers) harmless from any losses, liabilities, damages, demands, suits, causes of action, judgments, costs or expenses (including court costs and reasonable attorneys’ fees) incurred arising out of or relating to any claim or demand made by any third party due to or arising out of or relating to violation of these Terms of use of the Platform and / or Services.

Disclaimer of warranties

Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. Nothing on the site or services should be taken to constitute medical advice or a formal recommendation and we exclude all representations and warranties relating to the services and services content.

TrueFit disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the site, services and services content; (ii) third party products or services advertised on or received through any links or other sources provided on the site or via the services; (iii) any information, content or advice received through such site, links or products or services.

TrueFit makes no warranty or representation that any errors in the site and services will be corrected.

TrueFit assumes no responsibility and/or liability with respect to any user content which you may post on the site and you are solely responsible for such user content posted on the site.

You agree that any content accessed / downloaded from the site would be at your sole discretion and you would be responsible for any damage caused to your computer resource or for any loss of your data resulting from you accessing / downloading such content.

You agree that the open and real-time nature of the platform make it impossible for TrueFit to vouch for the validity, authenticity and honesty of user content. TrueFit is not responsible for any user content on the site, nor for the consequences of you reading such user content. You agree that you are wholly responsible for the user content that you post on the site or in the mobile app.

Always use caution when giving out any personally identifying information about yourself or your children.

Limitation of liability

Neither TrueFit nor any third-party service providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the services. Neither TrueFit nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit the services content or your personalization settings.

You expressly understand and agree that TrueFit will not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if TrueFit has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or inability to use the services or the site or services content; (ii) unauthorized access to or alteration of transmissions of data; content or information you may access and use (d) technical or other operational lapses on the site or via the services.. Or (iii) any other matter relating to the services. In no event will TrueFit’s total liability to you for all damages, losses or causes of action exceed the amount of subscription fees paid by you for the services.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the services or with these terms of services, your sole and exclusive remedy is to discontinue use of the services.

Miscellaneous

The terms (including privacy policy) constitute the entire agreement between you and truefit and govern your use of the services, superseding any prior agreements between you and truefit with respect to the services. You also may be subject to additional terms and conditions that will apply when you use affiliate services, third-party content or third-party software. The terms will be governed by the laws of india without regard to its conflict of law provisions. You and truefit agree to submit to the personal and exclusive jurisdiction of the courts of mumbai, india. The failure of truefit to enforce any provision of these terms will not be deemed a waiver of such right or provision. In the event that any provision of these terms is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these terms will remain in full force and effect.

Your privacy

TrueFit may collect personal data (as specified in the privacy policy) from you in connection with your access and use of the platform and /or services and may be shared with and / or disclosed to third parties. At TrueFit, we respect the privacy of our users and have outlined our collection, storage, use and disclosure of your personal data and registration data in our privacy policy. Your acceptance of these terms, and use of the platform and / or the services shall be deemed to constitute your acceptance of the terms of the privacy policy.

Transfer of subscription

TrueFit services is highly personalized to suit your health and fitness needs. Hence the subscriptions are non-transferable and non-refundable.

End of subscription

At the end of your subscribed plan, you need to renew your coaching services if you wish to continue.

Advertisement

TrueFit shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the platform and via the services.

Severability

If one or more of the provisions contained in this agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Assignment

You may not assign or sub-license, without the prior written consent of TrueFit, the rights, duties or obligations under these terms, in whole or in part, to any person or entity. TrueFit Wellness Inc., may assign or sub-license any of its rights, duties or obligations under these terms, in whole or in part, to any of its affiliates, without your prior consent.

Conflict

In the event, there is any conflict between the terms set out in these terms, the privacy policy, and any other policies and disclaimers applicable to specific pages of the platform or all or part of the services, the following order of prevalence shall apply: (i) the privacy policy (ii) these terms, (iii) any other policies applicable to specific pages of the platform.

Complaints

If you have any complaints or grievances in respect to the platform, services and / or platform content, please contact us on care@truefitglobal.com or call us on (+91) 81050 26960.

If you have any questions or concerns regarding the terms & conditions, please contact us via email or via our customer care number as mentioned in the TrueFit application or website.