These Terms and Conditions ("Terms") govern your access to and use of FitMentor AI (the "Service"), a software-as-a-service fitness coaching application operated by Joydeep Paul ("we", "us", "our"). By creating an account or accessing the Service in any manner, you ("User", "you") agree to be bound by these Terms. These Terms constitute an electronic record under the Information Technology Act, 2000 and the rules made thereunder, and do not require any physical or digital signature.
1. Eligibility
You must be at least 18 years of age and competent to enter into a contract under the Indian Contract Act, 1872 to use the Service. If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian. By using the Service, you represent and warrant that you meet these requirements.
2. Account & Security
- You are responsible for maintaining the confidentiality of your login credentials.
- You must provide accurate, current and complete information during registration.
- You are responsible for all activities that occur under your account.
- You agree to notify us immediately of any unauthorised use of your account.
3. Permitted Use
You may use the Service only for lawful, personal, non-commercial purposes. You agree NOT to:
- Violate any applicable Indian or international law, rule or regulation.
- Upload or share content that is obscene, defamatory, harmful to minors, infringes intellectual property, contains malware, or is otherwise prohibited under Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- Reverse-engineer, decompile, scrape, or attempt to derive source code from the Service.
- Interfere with or disrupt the integrity or performance of the Service.
- Resell, sub-license or commercially exploit any portion of the Service without our prior written consent.
4. AI-Generated Content
FitMentor AI uses third-party Large Language Models to generate workout plans, diet plans, and coaching responses. Such output is generated algorithmically, may contain errors or inaccuracies, and must not be construed as medical, nutritional, psychological or professional advice. See the Disclaimer page for full details. You use AI-generated suggestions at your own risk and are solely responsible for verifying their suitability for your circumstances.
5. Subscriptions, Payments & Refunds
- The Service offers a free tier and a paid "Premium" subscription tier.
- Premium plans are billed in advance on a monthly or annual cycle as displayed on the Pricing page.
- Payments are processed by third-party payment gateways. We do not store your card or banking credentials.
- Subscriptions auto-renew unless cancelled before the renewal date through the Customer Portal. Cancellation prevents future charges; previously charged periods are non-refundable except where required by applicable law.
- All applicable taxes (including GST under the Central Goods and Services Tax Act, 2017) are charged at the rate prevailing on the date of invoice.
6. Free-Tier Limits
Free users receive an initial AI-generated plan and one (1) free regeneration. Additional regenerations require a Premium subscription. We may modify free-tier limits at any time with reasonable notice.
7. Intellectual Property
All trademarks, logos, software, source code, designs, copy and visual assets that constitute the Service are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service strictly in accordance with these Terms. You retain ownership of personal data you upload (e.g. progress photos), and you grant us a non-exclusive licence to host, process and display such data solely to provide the Service.
8. Termination
We may suspend or terminate your account, with or without notice, for any breach of these Terms, suspected fraud, abuse, or as required by law. You may close your account at any time by contacting supportfitmentor@gmail.com.
9. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any health/fitness outcomes will be achieved.
10. Limitation of Liability
To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Service shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim. We shall not be liable for any indirect, incidental, special, consequential or punitive damages, including injuries arising from following AI-generated workout or diet suggestions.
11. Indemnity
You agree to indemnify, defend and hold harmless Joydeep Paul, its directors, employees and affiliates from any claim, loss or expense arising out of your breach of these Terms, your User Content, or your violation of any law or third-party right.
12. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Shillong, Meghalaya.
13. Grievance Redressal
In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the contact details of our Grievance Officer are:
- Name: Joydeep Paul
- Designation: Grievance Officer
- Email: supportfitmentor@gmail.com
The Grievance Officer shall acknowledge complaints within twenty-four (24) hours and resolve them within fifteen (15) days from the date of receipt.
14. Changes to these Terms
We may revise these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Continued use of the Service after the change constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms? Email us at supportfitmentor@gmail.com.