Please read these terms carefully. They explain the rules for using Fitnesta, including community rules and what happens when you delete your account.
Accepting these terms
These Terms of Service are an agreement between you and Bheema Network India, a sole proprietorship at Door no. 48, Plot no. 17, 12-B Cross Street, Krishna Nagar, Lawspet, Pondicherry - 605008, which operates Fitnesta. They apply to the Fitnesta apps for iPhone and Android and to this website. By creating an account or using Fitnesta, you agree to these terms and to our Privacy Policy. If you do not agree, do not use Fitnesta.
If you use Fitnesta for a business, you confirm that you are allowed to accept these terms on its behalf, and these terms apply to the business as well as to you.
Who can use Fitnesta
You must be at least 18 years old to create an account or use Fitnesta. By creating an account you confirm that you are 18 or over. If we learn that an account belongs to someone under 18, we will close it and erase its information.
Your account
- Give accurate information, and keep it up to date.
- We confirm your email address or phone number with a one-time code before an account is created, and again when you change either of them.
- Keep your password, sign-in codes and sign-in methods secure, and never share a code we send you — we will never ask for one. You are responsible for what happens under your account.
- Tell us at support@fitnesta.com straight away if you think someone else has accessed your account. You can see and sign out the devices where you are signed in from Account settings.
- Do not create an account for someone else, impersonate anyone, or use another person’s account.
Members, personal trainers and businesses
Fitnesta is used by members looking for workout partners, personal trainers, gyms and classes; by personal trainers; and by gyms, studios and other fitness businesses and their staff.
If you are a personal trainer or a business
- You are independent of Bheema Network India. You are not our employee, agent or partner, and we are not a party to any agreement between you and your clients or members.
- You are responsible for your services and how you deliver them, including your qualifications, any licences or insurance you need, the safety of your sessions and premises, your prices, and your own booking, cancellation and refund terms.
- Keep your listings, services, classes, prices and opening hours accurate.
- You are responsible for the information you add or import about members, clients and enquiries. You must have the right to add it and to contact those people, keep it accurate, and use it only to serve them.
- Records you create about a member or client are kept while they are your member or client and for two years after that relationship ends, after which Fitnesta removes what identifies the person. You can delete a record sooner. Keep your own copies of anything you are required to keep for longer.
- Only send reminders and messages to people you have a genuine relationship with, respect their requests to stop, and never use Fitnesta to send spam.
People you add
- For the members, clients and enquiries you add or import, you decide why and how their information is used, and you are responsible for it as the Data Fiduciary under India’s Digital Personal Data Protection Act, 2023. Bheema Network India processes that information on your behalf, as your Data Processor: only to provide Fitnesta to you, as these terms and your settings instruct; kept confidential and secured; kept and deleted as described above; and with our help when a person asks you to see, correct or erase their record. We tell you without undue delay if a personal data breach affects records you hold.
- Before you add someone, tell them you keep their record in Fitnesta and why, and have their agreement or another lawful basis. Fitnesta is for adults only: do not add anyone under 18, even with a parent’s or guardian’s agreement, and keep records of younger customers outside Fitnesta. If you find that a record you added is about someone under 18, delete it. Adding a person never creates a Fitnesta account for them or links one without their acceptance.
- Before you turn on WhatsApp payment reminders or receipts, your members must have agreed to receive WhatsApp messages from you. You confirm this in the app when you turn them on, and we keep a record of that confirmation. Every message names your business and lets the person reply STOP, which you cannot override.
- When a person asks you to see, correct or erase what you hold about them, deal with it promptly. A request that reaches us about your record is passed on to you.
- Where Fitnesta shows that a personal trainer or business has been verified, that reflects a limited review of information provided to us at the time. It is not a guarantee or endorsement.
If you are a member
- Payments for memberships, classes and sessions are arranged between you and the personal trainer or business. Fitnesta does not currently take those payments in the app, and any dues or payments a business records in Fitnesta are that business’s own records.
- Personal Trainers and businesses decide their own services, prices and policies. Raise questions about them with the personal trainer or business first.
Meeting people
Fitnesta helps people meet to train together. We do not run background checks on users. Take sensible precautions: meet in public places, tell someone where you are going, and leave if you feel unsafe. You are responsible for your interactions with other people, on and off Fitnesta.
Acceptable use
Use Fitnesta lawfully and respectfully. You must not:
- harass, bully, threaten, stalk, intimidate or abuse anyone;
- post or send content that is sexually explicit, violent, hateful or discriminatory, or that promotes self-harm, illegal drugs or weapons;
- post content that exploits or endangers children in any way;
- impersonate a person, personal trainer or business, or misrepresent your qualifications or affiliation;
- post false, misleading or fraudulent content, including fake reviews, or run scams;
- send spam or unsolicited promotions, or contact people who have blocked you or asked you to stop;
- share someone else’s personal information, photos or health information without their permission;
- give dangerous training or health advice, or present yourself as a medical professional when you are not;
- infringe anyone’s intellectual property or privacy rights;
- upload malware, probe or break our security, scrape the service, or use automated means to access it without our permission;
- interfere with the service or other people’s use of it, or try to get around a suspension, ban, block or limit.
Zero tolerance for objectionable content and abusive users
Fitnesta has zero tolerance for objectionable content and abusive users. Content that breaks these terms will be removed, and users who post it or who abuse other people may have their accounts suspended or permanently banned, without prior notice.
Your content
You keep ownership of the content you post, send or upload, such as posts, comments, messages, photos, reviews, programmes and notes (“your content”).
You give Bheema Network India a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, display and distribute your content, and to adapt its format, only as needed to operate and provide Fitnesta — for example to show a post to the people you chose, deliver a message, or create a thumbnail. This licence ends when your content is deleted from Fitnesta, except for copies other people have already received, such as messages, and information we keep as described in the Privacy Policy.
You are responsible for your content, and you confirm you have the rights needed to share it. Images attached to posts, and the text of posts, comments, reviews, messages, names, bios, and community, event and activity details, are checked automatically for objectionable material. Text that fails the check is refused, or held for review so that only you can see it until a moderator has looked at it. We may remove any content that breaks these terms.
Reporting and blocking
You can report a person, personal trainer, business, community, post, comment, message, event or activity using the Report option on it. Reports are reviewed by our moderators, who act on them in line with these terms. We do not guarantee a particular response time.
You can block someone from their profile or from a conversation. Blocked people cannot contact you, and you can see and undo blocks in Account settings under Blocked accounts.
If someone is in immediate danger, contact your local emergency services first.
Moderation and enforcement
To keep Fitnesta safe, we may review reported content, and we may remove or hide content, restrict features, suspend an account for a period, or permanently ban an account, when we reasonably believe these terms or the law have been broken, or to protect other people. We may also keep records of reports and the actions we take. If you think we made a mistake, email support@fitnesta.com.
Health and fitness information is not medical advice
Content on Fitnesta — including workouts, programmes, assessments, progress summaries, and posts by other users — is for general information only. It is not medical advice, diagnosis or treatment, and it is not a substitute for advice from a doctor or other qualified health professional.
- Talk to a doctor before starting a new exercise programme, especially if you have a medical condition, an injury, are pregnant, or take medication.
- Stop exercising and seek medical help if you feel pain, dizziness, shortness of breath or chest discomfort.
- Assessments and health screening questions help a personal trainer plan safely. They do not diagnose anything.
- Personal Trainers and businesses are responsible for the guidance they give. We do not check that any programme or advice is suitable for you.
Price
Fitnesta is currently free to use for members, personal trainers and businesses. There are no subscriptions or in-app purchases, and we do not ask for a card or any other payment method.
If we introduce paid plans in future, the plan, its price and its billing terms will be shown in the app before you choose one, and we will update these terms first. You will not be charged for anything you have not agreed to buy.
Payments for memberships, classes and sessions are arranged between members and the personal trainer or business, as set out under Members, personal trainers and businesses.
Our intellectual property
Fitnesta, including its name, logo, design, software and the content we provide such as the exercise library, belongs to Bheema Network India or its licensors. We give you a personal, limited, non-exclusive, non-transferable and revocable licence to use the Fitnesta app for its intended purpose, in line with these terms. You may not copy, modify, distribute, sell or reverse-engineer any part of Fitnesta except where the law allows it.
Apple, Google and other services
If you downloaded Fitnesta from the App Store or Google Play, the store’s own terms also apply. Apple and Google are not parties to these terms and are not responsible for Fitnesta or for supporting it. Features that rely on other services — such as Sign in with Apple, Google Sign-In, maps, push notifications and WhatsApp — are also subject to those services’ terms.
Suspension and termination
You can stop using Fitnesta at any time, and you can delete your account. We may suspend or terminate your access, or remove your content, if you break these terms, if we are required to by law, or if we reasonably believe it is needed to protect other people, Fitnesta or Bheema Network India. Sections of these terms that by their nature should continue after termination — including those on your content, our intellectual property, disclaimers and limitation of liability — continue to apply.
Deleting your account
You can delete your account in the app, or ask us to by email. Deleting your account explains how, and exactly what happens to your information.
If you own a business or a community, you must choose when you delete your account whether to transfer it to another person already in it or to close it. If you are the only owner and do not transfer it, it is closed: it leaves search, stops taking bookings, its upcoming classes are cancelled and its staff lose access. A community left undecided, and a personal trainer workspace, are closed when your account is erased. You remain responsible for anything you owe your members, clients or staff when a workspace closes, including telling them and settling any refunds.
Some records are kept after an account is deleted or a workspace is closed, for the periods set out in the Privacy Policy.
Changes to the service and availability
We are continually developing Fitnesta, and we may add, change or remove features. We aim to keep Fitnesta available, but we do not guarantee that it will always be available, uninterrupted or free of errors, and it may be unavailable during maintenance or for reasons outside our control.
Disclaimers
To the extent permitted by law, Fitnesta is provided “as is” and “as available”. We do not promise that information on Fitnesta is accurate or complete, and we are not responsible for the conduct, services, qualifications or content of any user, personal trainer or business, on or off Fitnesta.
Limitation of liability
To the extent permitted by law, Bheema Network India is not liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, data or goodwill, arising from your use of Fitnesta or your dealings with other users, personal trainers or businesses.
Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, or affects rights you have as a consumer that cannot be waived.
Changes to these terms
We may update these terms, and we will change the date at the top of the page when we do. If a change is significant, we will take reasonable steps to let you know, for example in the app. By continuing to use Fitnesta after a change takes effect, you accept the updated terms.