The domain name https://www.fitbudd.com/.com (hereinafter referred to as "Website") and a mobile application “Fitbudd” (“App”) (collectively known as “Fitbudd”) is owned and operated by App Street Software Private Limited (“Company” or “we” or “our” or “us”), a company incorporated under the Indian Companies Act 2013 and having its principal place of business at 564, Tower B1, Spaze i-Tech Park, Sector 49, Sohna Road, Gurgaon – 122002.
Fitbudd is a software-as-a-service product that allows personal trainers, wellness coaches and nutritionists (collectively, the “Trainers”) to provide training and coaching and interacting with their clients (the “Clients”). Fitbudd assists the Trainers in administering their business activities, i.e., to manage Clients, create workout plans, meal plans, recipes, and exercises, track the progress of the Clients, and upload and store documents, videos, and other files supporting Trainers’ business activities. Fitbudd also allows the Clients to interact with the Trainers through the App and track their progress in the field of fitness, diet, and healthy lifestyle.
Any person who is above 18 (eighteen) years of age and competent to contract under applicable laws is eligible to access / visit the Website or use / download the App. Your access of the Website or use and download of the App shall be treated as your representation that you are competent to contract.
Account and Registration
If you use Fitbudd, you are responsible for maintaining the confidentiality of your password and other details in relation to your User Account and any activity that occur in or through the User Account. By using Fitbudd, you agree to immediately notify us about allegedly unauthorized use of your User Account or any other security breach related to your User Account. We will not be liable to any person for any loss or damage which may arise because of any failure by you to protect your password or User Account.
You also agree and confirm that you will:
provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s or App’s registration form (“Registration Data”).
indemnify and keep us indemnified from and against all claims resulting from the use of any detail/information/ Registration Data that you post and/or supply to us. We shall be entitled to remove any such detail/information/Registration Data posted by you without any prior information.
Fees and Payment Terms
Your use of Fitbudd is subject to the applicable service fees (the “Fees”). The Fees and payment terms related thereto are communicated by us to you personally, upon your request, by email or phone. The Fees shall be charged in United State dollars (USD) currency. The Fees are charged automatically on a monthly basis, (i) unless stated otherwise in your service contract, (ii) until you stop your subscription, or (iii) until the term specified in your service contract expires. By purchasing a subscription to use Fitbudd and concluding a service contract, you agree to pay the Fees upon these Terms and the terms and conditions mentioned in your service contract. The Fees are subject to a change without a prior notice. Any of changes to the Fees will be made available to you and, if necessary, we will request you to provide your consent to the changes of the Fees.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, you are responsible for paying all applicable taxes.
If you are using Fitbudd as a Trainer and would like to terminate your subscription, you can log onto the “Billing Section” on the Website and request to cancel the subscription as mentioned therein. . If you use Fitbudd as a Client, you have an opportunity to contact your Trainer to cancel your subscription to Fitbudd. We will not be responsible if your Trainer fails to cancel your subscription in a timely manner. The cancellation of the Fees will become effective at the end of then-current billing month. If provided for in the service contract, we reserve the right to charge a cancellation fee.
You shall be entitled to use a valid credit/debit and/or any other payment cards (“Virtual Payment Modes”) which shall be processed by our third-party payment processor (“Payment Processor”) for payments including the Fees and the payments made by the Clients to the Trainers. The Payment Processor is solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processor refused the payment for any other reason. The Payment Processor may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name, and credit card details). The Payment Processor handles all the steps in the payment process on its website, including data collection and data processing. We do not store your credit card details in our systems.
You agree and accept that all nuances and modalities relating to Virtual Payment Modes shall be separately governed by the Payment Processor. We would not be responsible, in any manner whatsoever, for any liability that may arise in relation to any aspect of/ relating to the Virtual Payment Modes (including any fraudulent transaction). The payments made on the Fitbudd are non-refundable.
We will not be liable for the loss of any nature whatsoever caused to you arising, directly or indirectly, out of decline of authorization for any transaction, resulting from you exceeding your pre-set permissible payment limit under Virtual Payment modes, as applicable.
If you are disappointed with the quality of our services, please contact us without any delay and express your concerns. We will address your complains as soon as possible. If you use Fitbudd as a Trainer, you are entitled to withdraw from your service contract with us within the period of 30 days after the service contract without giving any reason. In order to terminate your contract, you must clearly inform us of your decision to withdraw from the contract by email at firstname.lastname@example.org prior to 30 days period. We will acknowledge the receipt of the cancellation without any delay.
We will take all reasonable efforts to ensure that our services on Website and App are operational and uninterrupted. In case of certain technical difficulties, routine site maintenance/upgrades and any other event outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from any time to modify, suspend or discontinue, temporarily or permanently, the Website and /or App or any part thereof with or without notice. You agree that we shall not be liable to you or any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the use / access to Website and App.
We may allow you to create, post, upload and submit the Content on or through the Fitbudd (“User Content”). You will be entitled to own the rights in such User Content. The User shall be solely responsible for the User Content and assume all risks associated with it, without any limitation.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third-party partners. We will not be responsible or liable for any use of your User Content by us in accordance with these Terms. We do not guarantee any confidentiality with respect to any User Content that you may submit. By submitting or posting the User Content, you represent and warrant that you have full and unrestricted rights, power and authority necessary to grant the rights, granted in relation to any User Content that you submit. You also represent and warrant that the posting of your User Content or usage of such User Content in accordance with the terms hereof does not violate any right of any party, including copyrights, privacy rights, publicity rights, trademarks, contract rights, or any other intellectual property rights.
You are not permitted to disclose publicly the personal data of persons without the their prior authorization or consent to share that personal data (e.g., you cannot publish name, photos, videos, and contact details of a person who has not allowed you to do so) through Your Content.
Other Representations, Warranties and Covenants
You understand and undertake that you shall be solely responsible for the Registration Data and the User Content and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
creates liability for the Company or cause the Company to lose (in whole or in part) the services of the Company or other suppliers and/ or Users;
is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation;
or is illegal in any other way.
You shall not, directly or indirectly attempt to gain unauthorized access to the Website or App, other Users’ account(s), computer systems and/or networks connected to the Website or App through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
Agreement Between Trainer and Client
Fitbudd is a platform that facilitates the consultation and communication between the Trainers and the Clients, including hosting and maintaining Fitbudd and supporting the formation of contracts or agreement between the Trainers and the Clients (the “Agreement”). Fitbudd does not intervene or interfere in any manner into the communication between the Trainers and the Clients.
By entering into the Agreement, the Clients acknowledge and agree that the Clients are purchasing services from the Trainers and not directly from us, and the Trainers are solely responsible for delivering those services. Therefore, for any specifics related to the Agreement, the Clients are requested to contact the Trainers directly. We will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Agreement and any business transactions made between the Trainer and Client because of the interactions through Fitbudd.
The Trainers are solely responsible for:
Providing satisfactory services to Client through Fitbudd
Ensuring the Trainers are qualified and equipped to provide services;
Drafting, negotiating, and executing the Agreement;
Paying all taxes, duties, insurance payments, and other fees associated with payments made under the Agreement;
We provide only true, accurate, correct, and up-to-date information through Fitbudd, however we do not guarantee that any information, accreditation, and personal data provided by the Trainers or the Clients is true, accurate, correct, and up-to-date.
Any disputes arising between Trainer and Client pursuant to the Agreement shall not implicate us in any manner including affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions by you and such disputes are to be resolved between you and such users only. We shall not be involved in mediating or resolving disputes between Trainer and Client pursuant to the Agreement.
The User represents and warrants that all the information provided by the User are true, correct and complete and if found to be untrue, incorrect or incomplete, the Company has the right to take any action it deems fit in relation to the particular circumstances without any
The User represents and warrants that the User is fully aware of all the applicable laws particularly governing the use of the Website and App and that the User is not violating or attempting to violate any applicable laws.
Restriction on use of Content
Further, the User shall not: (i) interfere or attempt to interfere with the proper working of the services or any activities conducted on the Website and App; (ii) take or attempt to take any action that might damage, disable or overburden our infrastructure; (iii) bypass, circumvent or attempt to bypass or circumvent any measures that the Company uses to prevent or restrict access to the services and/ or the Content; (iv) run any form of auto-responder or "spam" on the services and/ or the Content; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the Fitbudd and/ or the Content, unless the same is done in accordance with the provisions of our robots.txt file; (vi) harvest or scrape any Content from the Website or App; (vii) copy, reproduce, decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of or underlying ideas or algorithms of any part of the Website, App and/ or Content; (viii) modify, translate, or otherwise create derivative works of any part of the Website or App, (ix) retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including, without limitation, personal, non-commercial use) without express prior written consent from us ; or (x) otherwise take any action in violation of our Terms of
Limitation of Liability
Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of Fitbudd or any content made available through Fitbudd, including, but not limited the content provided by the Trainers. You agree not to hold us and the Trainers liable in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you for any indirect or consequential losses, which may be incurred by you, such as:
Any health issues experienced by you as a result of your use of Fitbudd, including following any instructions, videos, plans, or other materials provided by the Trainers;
Direct and indirect loss of profits;
Loss of goodwill or business reputation;
Loss of opportunities; and
Loss of data suffered by you.
The Website and App can be accessed in and from all jurisdictions across the world. We make no representation that materials or Content available through our Website and App are appropriate or available for all these jurisdictions.
If You access or use the Website and App from a country or location apart from India, you are solely responsible for compliance with necessary laws and regulations for use of the Website and App, in your jurisdiction.
Intellectual Property Rights
The Content available through the Fitbudd may be viewed and used only for your personal, non-commercial use. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Fitbudd, and we reserve all rights not expressly granted hereunder. We do not permit copyright infringing activities and infringement of intellectual property rights on or through the Fitbudd. We request that you promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Fitbudd. You agree not to make use of the Content in a manner that would infringe the copyright and trademark therein.
You also acknowledge and agree that any feedback, comment or suggestion you may provide is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you.
No Obligation to Pre-Screen Content and right to monitor
Jurisdiction and Applicable Law
Complaints and Grievance Redressal
Send the User a formal warning;
Temporary suspend your User Account;
Delete your User Account;
Temporarily or permanently prohibit your use of Fitbudd;
Report you to the relevant public authorities; or
Commence a legal action against you.
this Website and/ or the Content will be constantly available, or available at all; or
the information on this Website and/ or the Content are complete, true, accurate or not misleading.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. While we strive to ensure that the information contained in this Website is accurate and reliable, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and we assume no liability or responsibility for any omission or error in the content of this Website. The information and materials contained on this Website are subject to change without notice, are provided for general information only and should not be used as a basis for making business or financial decisions. Despite best efforts of the Company to provide accurate information on the Website, it is not possible to ensure that all the information provided here is up to date. The Website hosts information and Content provided by third parties and we are in no manner responsible for the accuracy, legitimacy and truthfulness of the information so hosted. You agree to not hold us liable for the incorrectness of any such provided information. Any advice or information received through this Website should not be relied upon without consulting primary, accurate and up-to-date sources of information or specific professional advice. The Contents available on this Website are protected by copyright law. You may not otherwise change, reproduce, modify, distribute, publicly display the materials available on this Website in any way, unless authorized by us or the respective copyright owner(s).
Limitations of Liability
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the Contents of, or use of, or otherwise in connection with, this Website:
to the extent that the Website and/ or the Contents are provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss;
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
any errors in or omissions from this Website and the Content, including but not limited to technical inaccuracies and typographical errors;
any third party websites or content therein directly or indirectly accessed through links in this Website, including but not limited to any errors in or omissions therefrom;
your use of this Website and/ or the Services; or
your use of any equipment or software in connection with the Website.
These limitations of liability apply even if we have been expressly advised of the potential loss.