TERMS AND CONDITIONS OF SERVICE

Effective Date: January, 2021

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INDIAN CONTRACT ACT 1872; THE INFORMATION TECHNOLOGY ACT 2000, THE RULES MADE THEREUNDER; AND THE AMENDED PROVISIONS PERTAINING TO THE ELECTRONIC RECORDS IN VARIOUS OTHER STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED HEREIN, PLEASE DO NOT USE THE SITE OR ITS SERVICES.

1. Introduction

1. Fitbee Private Limited is a hub of fitness services provided by Fitbee Private Limited Private Limited (“FITBEE” or “we” or “us”). FITBEE is a service and tool that people use to develop skills and passion for fitness, physical activities and other skills, to express and develop their creativity in these activities, to inspire others and be inspired by others through sharing their skill videos and accomplishments, and to encourage skill challenges with friends, teammates, members of their organizations, and other individuals throughout the world. 

1. The following Terms and Conditions of Service (“Terms”) govern the user’s access to, and use of, FITBEE’S websites, applications, products and services (collectively, the “Service”) made available to you on www.fitb.ee (hereinafter referred to as “Site”). Please read the Terms carefully before using any Services. By accessing or using any part of our Services on the Site, you, the user (“you” or “your” or “User”) agree to be bound by these Terms and by our Privacy Policy (collectively, the “Policies”). The Policies are hereby incorporated into these Terms by reference as if set forth herein.
2. If the User continues to browse and use the Site to avail Services, the User irrevocably and unconditionally is agreeing to comply with, abide by and be bound by all these obligations as stipulated in these Policies. 

1. All information accessed or viewed by the User is considered confidential and is only for authorized personal or business purposes.

1. These Terms are effective upon acceptance and governs the relationship between the User and Fitbee (includes its affiliates and subsidiaries, jointly and severally). If the Terms conflict with any other document, the Terms will prevail for the purposes of usage of the Site. 

1. ACCEPTANCE OF TERMS

1. The Site is the property of Fitbee and /or its subsidiaries. By downloading, browsing, accessing or using the Site, the User agrees to these Terms, including agreeing to indemnify and hold harmless Fitbee from all claims of any nature arising from the access and use of the Site or the Services by the User. These Terms may be changed at any time at the sole discretion of the Fitbee. These Terms pertain to all Sites, subsidiaries or affiliates of the Fitbee.
2. Please read these Terms carefully. These Terms, as modified or amended from time to time, are a binding contract between the Fitbee and the User. If the User visits, uses, or operates the Site (or any future site or platform operated by the Fitbee), the User accepts these Terms. In addition, when the User creates any current or future content or visits or uses any of the content uploaded on the Site, the User will also be subject to the guidelines and conditions applicable to such Service.   
3. The Site takes no responsibility for the content provided by any User in the Site. 
4. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Site.
5. The Fitbee reserves the right to make any changes to the Terms and/or our Privacy Policy as may be deemed necessary or desirable without prior notification to the User. If the Fitbee makes changes to the Terms and Privacy Policy and the User continues to use the Site, the User is impliedly agreeing to the revised Terms and Privacy Policy expressed herein. 
6. To read the complete Terms, please see below. 

1. USING  FITBEE 

1. 1. Registering an account. Services of the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. 

You may use our Service only if you are legally able to form a binding contract with Fitbee, and only in compliance with these Terms and all applicable laws. When you create your account you must provide us with accurate and complete information. Failure to provide us with accurate information may limit the functions and features available and the termination of your account. You may not:

1. Select or use a name of another person with the intention of impersonating such person;
2. Use a name of anyone else without authorization;
3. Use a name in violation of the intellectual property or any other legal rights of any person; or
4. Use a name that Fitbee considers, in its sole subjective discretion, inappropriate.

1. 1. Children under 18. Use of the Site is available only to persons over the age of 18 (eighteen). If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register on the Site without providing us with a duly filled consent form from your legal guardian or parent (“Consent Form“). We reserve the right to terminate your membership and refuse to provide you with access to the Site or Services if it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years (and are accessing this Site without furnishing the Consent Form. We will not be liable for any harm caused to you on account of any use of the Site without appropriate parental consent in accordance with this Clause 3..

1. 1. Our License to you. Subject to these Terms, the Policies and your registration of an account, we grant you a limited, non-exclusive, non-transferable, and revocable sub-license to use our Service and Site on your own behalf. Portions of our Service include software that may be downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those portions of the Service, and these Terms will apply to such upgrades. You do not have the permission to distribute content from the Service through any medium unless Fitbee makes available the means for such distribution through functions offered by the Service.

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fitbee. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Fitbee and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or Fitbee’s name or trademarks without the express written consent of Fitbee. Any unauthorized use terminates the permission or license granted by Fitbee.

1. YOUR CONTENT

1. 1. Sharing Your User Content and Information. The Service allows you to post content, including videos, photos, graphics, sounds, audio-visuals, comments, and other materials. Anything that you post or otherwise make available on our Service, or that is posted on our social media sites is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you create and share, reproduce, modify, create derivative works, perform, and distribute your User Content in connection with the Service and Fitbee’s business, including but not limited to, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels in perpetually. You specifically hereby grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display and perform such Content as permitted through the functions of the Service. The above licenses are perpetual and irrevocable. You further agree that the User Content you submit to the Service will not contain third party copyright protected material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Fitbee all of the license rights grated herein. 
   2. Fitbee takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
   3. You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort under applicable law; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under applicable law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Fitbee reserves the right, but is not obligated, to reject and/or remove any User Content that Fitbee believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all registered domain names protected under applicable law.

1. 1. License to your User Content. One of the purpose of  Fitbee  is to share and promote the teaching and development of skills and accomplishments, you grant  Fitbee(and its successors and affiliates) a worldwide, irrevocable, permanent, nonexclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content in connection with the Service and  Fitbee’s (and its successors’ and affiliates’) business, including without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels in perpetuity. We reserve the right to remove User Content for any reason including User Content that we believe violates these Terms or our policies. You specifically hereby grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display and perform such Content as permitted through the functions of the Service. The above licenses are perpetual and irrevocable. You agree that all User Content shall comply with the Policies.

1. 1. How Long do we Keep your Content. Following termination or deactivation of your account or removal of any User Content, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes and for any other purposes granted to us under these Terms. Further more, other users that you have allowed to receive your User Content when posting (such as a coach or fellow player) may retain and continue to use, store, display, and perform, any of your User Content that other users have stored in their respective accounts. Additionally, derivative works created with your User Content may continue to be used for Fitbee ’s business following the termination or deactivation of your account.

1. 1. Feedback you Provide. We value hearing from our users and are always interested in learning about ways we can make Fitbee more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.

1. THIRD-PARTY LINKS, SITES, AND SERVICES 

Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Service, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content. Furthermore, any information you post, share or provide to such third-party will be governed by their respective privacy policies and terms of use.

1. SECURITY 

We care about the security of our users and ask that you keep your username and password in a safe place. We are compliant with General Data Protection Regulation (GDPR). While we work to protect the security of your User Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights.

1. INTELLECTUAL PROPERTY RIGHTS

1. 1. FITBEE is the sole owner or lawful licensee of all the rights of FITBEE ’s Application. Here, “Application” shall mean, FITBEE ’s specialized software program downloaded onto a wireless communication device. and its content. Application content shall mean its design, layout, text, images, graphics, sound, video etc. The Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with the Fitbee, its affiliates or licensers of FITBEE ’s content, as the case may be.

1. 1. You shall not upload post or otherwise make available on the Application any material protected by copyright, trademark, patent, proprietary rights or any other intellectual property rights, without the express permission of the owner of the copyright, trademark, proprietary right or other intellectual property rights.

1. 1. We do not have any express burden or responsibility to provide the User with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked.

1. 1. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

1. 1. By submitting User Content to any public area of the Site, you warrant that the owner of such material has expressly granted FITBEE  the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User hereby grants FITBEE, the right to edit, copy, publish and distribute any material made available on the Application by the User.

1. Contests, Sweepstakes, and Other Activities

From time to time, FITBEE or its suppliers, advertisers, customers or partners may conduct promotions on or through the Service, including without limitation auctions, contests, sweepstakes and electronic postcards (“Promotions”). Each such Promotion may have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Service (the “Rules”). If any conflict arises between these Terms of Service and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

1. PAYMENT TERMS

1. 1. We shall charge for the Services and other programs offered on the Site. Before availing any such Service, we will communicate in writing to the User, the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
   2. Please note that the charges paid by a customer, are not refundable. However, in the event a customer is not satisfied with the Service provided by Fitbee, then they may send a mail to support@fitb.ee. Fitbee will review each such mail, on a case to case basis, and may refund the charges paid, if it deems fit.
   3. The decision of Fitbee on any such matter shall be final and binding.

1. TERMINATION

We may terminate or suspend this license and your access at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these Terms. Notwithstanding the foregoing, in the event you have a paid subscription, we will suspend your account for cause following written notice and an opportunity to cure such breach. If such breach remains uncured after 10 (ten) days following transmission of such notice, we will terminate your account without refund. In the event you are able to cure such breach to our satisfaction, at our sole subjective discretion, we will reinstate your account.

1. INDEMNITY

If you use our Service for commercial purposes in violation of these Terms, as determined in our sole subjective discretion, you agree to indemnify and hold harmless FITBEE  and its officers, directors, employees, affiliates and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Service, (b) your User Content, or (c) your breach of any of these Terms.

1. DISCLAIMERS

1. 1. By accessing the Service, you understand that physical activities, in any form, carry the risk of injury. You understand that it is your responsibility to know your physical and mental capabilities for activities you chose to do. You are responsible to ensure that, by participating in and using the Service, you will not exceed your limits or skill levels while using the Service. You shall select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions or limitations you may have. From time to time, the Service may suggest physical adjustments or the use of equipment, but you shall be solely responsible to determine if any such suggested adjustment or equipment is appropriate for your level of ability or physical or mental condition.
   2. You understand that any content accessible through the Service is provided for informational, educational, or entertainment purposes only. Such content is not intended to be a substitute for individual training. Certain of the activities demonstrated in the Service and certain specialized skills may require the guidance of an individual coach. You accept the risks involved if you try to use these techniques without supervision. You acknowledge that certain activities shown in the Service are inherently dangerous, and that you will use these videos at your own risk. You are responsible for researching the appropriate safety gear to wear.
   3. Certain demonstrations, and exercises contained in the Services are performed by professionals, so for your safety and the protection of those around you, do not attempt, or attempt to recreate or re-enact, any activity performed in the Services that you have not been properly trained to complete. Serious injury and death can result from engaging in such activities.
   4. Certain activities demonstrated through the Service may be stressful on the body. Accordingly, you are urged and advised and shall take steps to seek the advice of a physician before beginning any physical activity regimen, routine, or program or using any suggested equipment shown in the Service. You are never required to perform any suggestions and comments within the Service relating to physical activity, poses, moves or the use of equipment. If you do so, then you are conducting such activities voluntarily and at your election. You shall not construe anything contained in the Service as any form of any medical advice.
   5. You expressly waive and release any claim that you may have at any time against Fitbee or , or any person or entity involved or in any way associated with FITBEE , including, without limitation, its directors, officers, principals, coaches, experts, independent contractors, employees, agents, contractors, affiliates, and representatives for any injury of any kind related to your use of or participation in the Services or for not obtaining satisfactory results upon usage of the Services 
   6. You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgement before entering into any transactions.
   7. The advice or information provided by experts via the Site is provided for informational purposes only and cannot be considered a substitute for examination by a doctor or other mental health professional. You are advised strongly against relying solely on, or make decisions based solely on advice provided by any Expert.
   8. You understand and agree that although a Expert may be a physical trainer, counsellor, therapist or other mental health professional, Fitbee disclaims any and all liability for any consultation services rendered by an Expert to you through the Site. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Site and to continue to interact with such individual(s), and that the role of Fitbee is strictly limited to providing access to such Experts to you.
   9. If you think you have a physical, medical or mental health emergency, or if at any time you are concerned about your care or treatment, please go to the nearest hospital or health care provider.
   10. 12.10.Your use of information provided on the Site and availing of Services on the Site is solely at your own risk. Fitbee is not and will not in any manner be involved in the practice of medicine, fitness or the provision of medical care or any ancillary services to that extent.

1. LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITBEE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
2. ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR
3. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE AGGREGATE LIABILITY OF FITBEE, IF ANY, THAT IS ESTABLISHED AND ORDERED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO A CLAIM, SHALL IN NO EVENT EXTEND BEYOND REFUND OF THE MONEY CHARGED FROM A USER FOR THE SERVICES AVAILED PURSUANT TO AN ORDER UNDER WHICH SUCH LIABILITY HAS ARISEN AND BEEN ESTABLISHED. 

IT IS ACKNOWLEDGED AND AGREED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, FITBEE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING ON GROUNDS OF LOSS OF PROFIT, LOSS OF REPUTATION OR LOSS OF BUSINESS OPPORTUNITIES.

1. ARBITRATION 

For any dispute you have with Fitbee, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Arbitration and Conciliation Act, 1996, as amended, except as provided herein. The Arbitration shall take place in Hyderabad, Telangana in English. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent Fitbee from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service by any User.

1. GOVERNING LAW AND JURISDICTION. These Terms shall be governed by the laws of India. We each agree to submit to the sole and exclusive personal jurisdiction of a state court located in Hyderabad, Telangana, for any actions not subject to Clause 12. 

1. GENERAL TERMS

1. 1. Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our application. Please review these Terms periodically. If a revision, in our sole discretion, is material, we will notify you by sending a notice to the email that you used when registering your account or through a notification in the Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

1. 1. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fitbee without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.

1. 1. Entire Agreement/Severability. These Terms, together with the Policies and any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and  Fitbee  concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

1. 1. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

1. 1. Questions or Concerns? Please contact us at the following Tel: +91 6302772114 or email us to support@fitb.ee and we will endeavour to respond to any questions or concerns promptly.

This Terms and Conditions of Service was last updated on June 20^th, 2021.