Terms of Service

1. Introduction

Welcome to Fitmate AI. These Terms of Service ("Terms") govern your access to and use of the Fitmate AI website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations. By using our Services, you agree to these Terms and our Privacy Policy.

2. Eligibility

You must be at least 16 years old to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration

To access certain features of our Services, you may need to create an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.

4. Services and Subscription

4.1 Services Description

Fitmate AI provides AI-generated workout and meal plans tailored to your fitness goals, preferences, and physical condition. Our Services may include personalized fitness recommendations, progress tracking, nutritional guidance, and other related features.

4.2 Free and Premium Services

We offer both free and premium subscription-based Services. The features available to you depend on the type of account you register for and maintain. Premium features require payment of subscription fees as described on our website.

4.3 Subscription and Billing

By subscribing to our premium Services, you agree to pay all fees in accordance with the billing terms in effect at the time of your subscription. You authorize us to charge your designated payment method for these fees. Subscription fees are non-refundable except as required by law or as explicitly stated in these Terms.

4.4 Subscription Cancellation

You may cancel your subscription at any time through your account settings or by contacting our customer support. Upon cancellation, your subscription will remain active until the end of your current billing period, after which it will not renew.

5. Health Disclaimer

Fitmate AI provides fitness and nutritional information for educational purposes only. Our Services are not intended to replace professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider before starting any new fitness program, especially if you have a medical condition or are taking medication.

You acknowledge and agree that:

• You are solely responsible for any decision to follow the workout and meal plans generated by our Services.
• Exercise and dietary changes involve inherent risks, including injury and health complications.
• The information provided through our Services is generated by artificial intelligence and algorithms based on the information you provide and general fitness principles.
• Our Services do not guarantee specific results, and individual outcomes may vary.

6. User Conduct

When using our Services, you agree not to:

• Violate any applicable law, regulation, or these Terms.
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.
• Use the Services for any illegal or unauthorized purpose.
• Share your account credentials with others or allow others to use your account.
• Use the Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

7. Intellectual Property

7.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Fitmate AI, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. This license does not include the right to:

• Modify, reproduce, distribute, or create derivative works based on the Services.
• Use any data mining, robots, or similar data gathering and extraction methods.
• Use the Services for any commercial purpose.
• Remove any copyright, trademark, or other proprietary notices.

7.3 Feedback

If you provide us with any feedback or suggestions regarding the Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall Fitmate AI, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any physical injury, health complication, or property damage resulting from your use of our Services or implementation of our fitness or nutritional recommendations.

In no event shall our total liability to you for all claims exceed the amount paid by you, if any, for accessing our Services during the twelve (12) months prior to the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless Fitmate AI, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

10. Modifications to the Services and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

We may revise these Terms from time to time. The most current version will always be posted on our website. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms.

11. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts located in Mumbai, India.

You agree to first attempt to resolve any disputes informally by contacting us. If a dispute cannot be resolved informally, you and Fitmate AI agree to submit the dispute to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India.

13. Miscellaneous

These Terms constitute the entire agreement between you and Fitmate AI regarding our Services and supersede any prior agreements. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: mail@fitmateai.com
Address: 123 Fitness Street, Wellness City, 400001, India
Phone: +91 95494 38360