Terms of Service

These Terms of Service ("Terms") govern access to and use of Fitmark, including the web management platform, the Fitmark Team staff/trainer mobile app, the Trainer App, and the Client/Member App (together, the "Service"), provided by Intagrit Developers ("Fitmark", "we", "us"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Accounts and Access

Fitmark accounts are provisioned to gyms, fitness studios, and personal training businesses ("gym organizations"). Each gym organization administers its own staff, trainers, and members and is responsible for the accounts it creates.

You are responsible for keeping your login credentials and device access confidential, using only your own account, and for all activity that occurs under your account. Notify your gym administrator or Fitmark promptly if you suspect unauthorized use.

2. Acceptable Use

You agree not to:

• Use the Service for any unlawful, fraudulent, or unauthorized purpose.
• Access data or areas of the Service you are not permitted to access under your assigned role, company, or branch.
• Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its infrastructure.
• Reverse engineer, copy, resell, or create derivative works from the Service except as permitted by law.
• Upload content that is unlawful, infringing, or harmful, or that you do not have the right to share.
• Falsify attendance, including punching in or out on behalf of another person, submitting a photo that is not of yourself, or using a mock-location or "fake GPS" tool to misrepresent where you are.

3. Roles and Permissions

Access to features and data is controlled by role, company, and branch permissions set by the gym organization. Administrators are responsible for assigning appropriate roles and for the accuracy of the data they manage.

4. Customer Data

Data entered into the Service by a gym organization and its users ("Customer Data") remains the responsibility of that gym organization. Customer Data may include staff records, trainer records, member records, PT client records, attendance, sessions, QR check-ins, staff attendance punch records with their selfies and location readings, renewals, payment records, invoices, expenses, follow-ups, reports, uploaded profile photos, and operational notes.

The gym organization is responsible for the accuracy of Customer Data and for having the necessary rights, notices, and consents to process member, client, and staff data through the Service. Fitmark is an operations tool and is not medical, health, legal, tax, accounting, or financial advice. Our handling of personal data is described in our Privacy Policy.

5. Staff Attendance Verification

Gym organizations may enable mobile attendance, which lets staff and trainers mark their own attendance from the Fitmark Team app. Where it is enabled, each punch requires a selfie and a device location reading taken at that moment, which are stored as part of the attendance record and are visible to administrators and managers of that gym and branch. Location is read only when a punch is submitted; the Service does not track location in the background.

Users must punch only for themselves and must not misrepresent when or where they worked. The app rejects readings that appear to come from mock-location tools, and falsified attendance may be treated as misconduct by the gym organization.

A gym organization that enables mobile attendance is the party responsible for that monitoring. It must inform its staff how attendance data is collected and used, obtain any consent required, and ensure it has a lawful basis under the employment, privacy, and data protection laws that apply to it. Fitmark provides the tool; it does not determine an employer's attendance, payroll, or disciplinary decisions.

6. Mobile Apps, Permissions, and Third-Party Services

Some Service features depend on mobile device permissions or platform services. Camera access is used for QR scanning and attendance punch selfies, location access while the app is in use is used to verify presence at the gym when an attendance punch is submitted, selected images may be used for profile photos, notifications may be used for operational alerts, and secure storage may be used for authentication tokens. Disabling permissions may limit those features; declining camera or location prevents punching attendance from that device.

The Service may rely on app stores, hosting, database, storage, authentication, push notification, app update, diagnostics, crash-reporting, monitoring, and analytics providers to operate the platform. Those providers may process data as described in the Privacy Policy and as needed to provide the Service.

7. Fees

Paid plans, if applicable to your gym organization, are billed as agreed in your order or subscription. Fees are non-refundable except where required by law or expressly stated. We may change pricing on a going-forward basis with reasonable notice.

8. Service Availability

We work to keep the Service reliable and available, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features, and may perform maintenance that temporarily affects availability.

9. Intellectual Property

The Service, including its software, design, branding, and content provided by Fitmark, is owned by Fitmark and its licensors and is protected by intellectual property laws. These Terms do not grant you any right in the Service other than the limited right to use it as permitted here.

10. Termination and Account Deletion

A gym organization or Fitmark may terminate access in accordance with the applicable agreement. We may suspend or terminate access if these Terms are violated or to protect the Service, its users, or the public. On termination, your right to use the Service ends; certain records may be retained as described in the Privacy Policy.

Users may request account deletion, correction, export, or deletion of associated personal data through their gym administrator or by emailing jagadishjagadish2022@gmail.com. Because many accounts are organization-managed business accounts, Fitmark may need to verify the request with the gym organization before changing or deleting business records.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, and non-infringement, to the maximum extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by law, Fitmark is not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or related to the Service. Our total liability for any claim is limited to the amount paid for the Service in the twelve months before the claim.

13. Governing Law

These Terms are governed by the laws of India, except where mandatory consumer or data protection laws in another jurisdiction apply.

14. Changes to These Terms

We may update these Terms as the Service, legal requirements, or business practices change. The latest version is always available on this page, and continued use of the Service after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms, account access, data correction, export, or deletion requests? Email jagadishjagadish2022@gmail.com.