YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE APP AT YOUR OWN RISK. THE APP AND ALL DATA AND CONTENT PROVIDED THROUGH THE APP IS PROVIDED "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND. THE COMPANY AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (THE "PARTIES" OR "PARTY") EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE APP AND CONTENT OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THE APP WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE APP WILL NOT INTERFERE WITH THE FUNCTIONING OF OTHER SOFTWARE OR PROGRAMS INSTALLED ON YOUR CELLULAR MOBILE DEVICE AND WILL MEET YOUR REQUIREMENTS. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE APP OR OTHERWISE.
THE APP MAY BE SUBJECT TO BREACHES OF SECURITY AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION, OMISSION, DELETION, DEFECT.
THE COMPANY PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES WILL BE CORRECTED.
THE COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN NETWORK SERVICES. YOU AGREE AND ACKNOWLEDGE THAT RELAY OF TEXT MESSAGES IS NETWORK DEPENDANT AND COMPANY IS NOT RESPONSIBLE FOR ANY MESSAGES FAILING TO REACH THEIR INTENDED RECIPIENTS.
THE APP USES THE READ ONLY MEMORY (ROM) OF YOUR CELLULAR MOBILE PHONE TO FUNCTION EFFICIENTLY AND EFFECTIVELY. YOU AGREE AND ACKNOWLEDGE THAT THE APP MIGHT AUTOMATICALLY HIBERNATE OR GO INTO STAND BY MODE IS THE ROM ON YOUR CELLULAR MOBILE PHONE IS INSUFFICIENT TO RUN THE OEM APPS AND FUNCTIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE APP HIBERNATING AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO KEEP YOUR CELLULAR MOBILE PHONE OPTIMIZED.
IT IS POSSIBLE THAT THE APP MAY GET LOCKED OR STOP WORKING IF THE DATA ON YOUR CELLULAR MOBILE PHONE CAUSES YOUR PHONE TO CRASH OR REQUIRES THE OPERATING SOFTWARE TO BE REINSTALLED. THE COMPANY IS NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER WHATSOEVER FOR SUCH AN OCCURRENCE.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE YOUR MISUSE OF THE SOFTWARE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE APP (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, SAVINGS, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE APP OR THE CELLULAR MOBILE DEVICE OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF COMPANY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SUBSCRIBE TO THE SERVICES PROVIDED ON THE APP.
You shall defend and hold Company harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your improper or unauthorized use of the App, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this EULA.
EVALUATION TERM & TERMINATION
Any license not purchased for the full license fee and any trial version, are provided for a limited duration and for the limited purpose expressly communicated to you in connection with the App. At the end of the evaluation/trial period, you will cease use of the App, remove the App from your cellular mobile device and destroy all copies of the App. Failure to remove the App shall be a breach of this EULA.
You agree that the App may automatically disable itself at the end of the evaluation/trial period and consent to such disabling feature. You also agree that Company may send you reminders to purchase a permanent license key, whether during or after the evaluation/trial version.
You agree that any evaluation/trial version is not full-featured and the use of certain features of the App may be disabled or limited in any manner deemed appropriate. You may activate all features of the App by purchasing a license key as communicated to you.
Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with or breach the terms and conditions of this EULA or for any other reason upon delivery of notice, unless such breach, where capable of cure, is cured by you immediately upon receipt of a notice of such breach from the Company. In such event, you must cease use of the App and destroy all copies of the App and all of its component parts and associated documents. You agree that Company may remotely disable the App in the event of termination under this section.
This EULA constitutes the entire agreement between you and Company relating to the App and supersedes all prior or contemporaneous oral or written communications including but not limited to any terms and conditions of purchase, proposals and representations with respect to the App or any other subject matter covered by this EULA. The headings in this agreement are for convenience and reference only and do not affect the interpretation of this EULA.
If any provision of this EULA is held to be void, invalid, unenforceable or illegal, by a court of competent jurisdiction then other provisions shall continue in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).
The laws of the republic of India govern this EULA. All disputes are subject to the jurisdiction of the courts in Indore and you submit to such jurisdiction.
You may cancel your Member Account at any time within 90 (ninety) days from the date of subscription of the Fitfaat Plan. In the event that you cancel your Member Account or the same is suspended or terminated by Fitfaat within the aforesaid period, we shall refund any license or subscription fees as below:
Refund request in first 30 days - 100% (One hundred percent) refund of any license or subscription fees;
Refund Request in 31-60 days -50% (fifty percent) refund of any license or subscription fees; and
Refund Request in 61-90 days - 25% (twenty five percent) refund of any license or subscription fees.
Please note that the above charges will be adjusted after deducting a processing fee of Rs.750/-(Rupees Seven hundred and fifty) for India or $20 (United States Dollars twenty) for locations outside India (including Taxes and bank charges, if any). The refund shall be processed in the manner/mode which is used to subscribe the Fitfaat Plan within 30 (thirty) days from the date of cancellation.
If you have purchased a Fitfaat Smart Plan, you will not be eligible for a refund from Fitfaat. Refunds will be made directly by Google Play and iTunes only when a subscription is cancelled on the Google Play Store or iTunes within 24 hours from subscription start time (THIS IS APPLICABLE ONLY TO RENEWALS).
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
In the event of any complaints or concerns with respect to the website or our services, please contact our Grievance Redressal Officer Mrs. Roshini Goveas at: info@Fitfaat.com
We hold the sincere belief that you should always know what data we collect from you, the purposes for which such data is used, and that you should have the ability to make informed decisions about what data you want to share with us.
This is why we want to be fully transparent about: (i) how and why we collect, store, share and use your personal data through the various capacities in which you interact with us; and (ii) the rights that you have to determine the parameters of this interaction.
While we would strongly advise you to read the Policy in full, the following summary will give you a snapshot of the salient points covered herein:
This Policy details the critical aspects governing your personal data relationship with 'Fitfaat' which is owned and operated by Fitfaat Wellness Private Limited, a company incorporated under the laws of India, and having its registered office at EB-248, Scheme No. 94, Bombay Hospital Square, Indore - 452010, India;
Your personal data relationship with Fitfaat varies based on the capacity in which you interact with us/avail of our products and services (“Services”). You could be: (i) a visitor to https://www.fitfaat.com ("Website") or any pages thereof ("Visitor"); or (ii) a person who has an account with Fitfaat to avail our Services ("Registered User");
Based on whether you are a Visitor or Registered User, the type of data we collect and the purpose for which we use it will differ and this Policy details such variations;
This Policy applies to all the Services provided by Fitfaat through the Website, App or any other associated website of Fitfaat;
This Policy is a part of and should be read in conjunction with our Terms of Service; and
This Policy will clarify the rights available to you vis-à-vis the personal data you share with us.
If you have any queries or concerns with this Policy, please contact our Grievance Officer. If you do not agree with the Policy, we would advise you to not visit/use the Website or the App.
1. INFORMATION WE COLLECT AND HOW WE USE IT
TYPE OF USER VISITOR REGISTERED USER
WHAT DATA WE MAY COLLECT
Your IP Address;
How you behave on the Website, (what pages you land on, how much time you spend, etc.);
What device you use to access the Website and its details (model, operating system, etc.); and
Cookies and web beacon data.
Your name, age, gender, phone number, e-mail address, mailing address;
Your height, weight;
Your lifestyle, food preferences, medical conditions (if any), health goals or other fitness regimes;
Your ethnicity, genetics, health or sexual orientation;
Username or other relevant unique identifier;
How you behave on the Website, (what pages you land on, how much time you spend, etc.);
Credit card/debit card/other payment mode information to facilitate payments for our Services;
Your IP Address;
Your location unless you deactivate location services in the relevant section of the Website/App;
How you behave in the relevant product environment and use the features;
What device you use to access the Website/App and its details (model, operating system, etc.); and
Cookies and web beacon data.
HOW AND WHY WE USE IT
We use this information to analyse and identify your behaviour and enhance the interactions you have with the Website.
If you submit your details and give us your consent, we may use your data to send you e-mails/newsletters, re-target fitfaat advertisements or re-market our Services using services from third-parties like Facebook and Google.
We collect this data in order to help you register for and facilitate provision of our Services.
We use this data to show age appropriate content and advertisements.
We use this data to track your nutrition, weight and fitness regimes.
We use the data from the device you access our Website/App to identify the login information of multiple users from the same device.
We use this data to prepare a specific diet plan and training regime for you.
We use this data to enable you to make payments for our Services. We use a third-party service provider to manage payment processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of payment processing on our behalf
We use this data for processing your requests, enquiries and complaints, customer services and related activities.
We use this data to communicate about existing or new offers, content, advertisements, surveys, key policies or other administrative information.
We also use this data to provide you with informative features and services that are developed by us from time to time.
We also use this data for providing, testing, improving, or recommending the Services.
We also use this data for analytics and reviews to improve the Services.
We also use this data to provide support to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law or anti-fraud activities/systems.
If you give us your consent, we may send you newsletters and emails to market other products and services we may provide.
SPECIAL CATEGORIES OF PERSONAL DATA
We may collect and process 'special categories of personal data' such as ethnic origin, genetics, health or sexual orientation, which are considered sensitive. We use this special category of personal data, for example to provide specialized diet plan and exercise routines. We require your explicit consent to collect and process special categories of personal data. You may refuse or revoke your consent at any time, please see the section about 'Your Rights & Preferences As A Data Subject In The EU' below. A limited number of our personnel will have access to special categories of personal data provided by you.
WHAT ARE THE COOKIES AND WEB BEACONS REFERRED TO ABOVE?
TYPE OF FILE COOKIES WEB BEACON
WHAT THEY DO
Cookies are text files which are sent from our server and downloaded to your device when you visit our Website.
They are useful because they allow us to recognize your device when you return. You can disable them through your browser should you so wish.
You can find more information about cookies at: www.allaboutcookies.org
Web beacon (also known as Clear GIF, Web Bugs or Pixel Tag) is a tiny picture file embedded on the Website/App that tracks your behaviour and navigation. It is similar to a cookie in what it does, but it does not get downloaded on to your device.
We use web beacons to manage cookies, record visits, and to learn marketing metrics. We also use web beacons to track and monitor email opening rates as well as link clicks.
You can find more information about web beacons at: http://www.allaboutcookies.org/faqs/beacons.html
WHAT THEY WON'T DO
Contain any executable software, malicious code or virus.
Usually, browsers have default setting to accept cookies until you change your browser settings. You can choose to reject and remove cookies from our Website by changing your browser settings. If you reject or remove our cookies, it could affect how our Website works.
FOR THE AVOIDANCE OF ANY DOUBT, WE SHOULD CLARIFY THAT IN THE EVENT WE ANONYMIZE AND AGGREGATE INFORMATION COLLECTED FROM YOU, WE WILL BE ENTITLED TO USE SUCH ANONYMIZED DATA FREELY, WITHOUT ANY RESTRICTIONS OTHER THAN THOSE SET OUT UNDER APPLICABLE LAW.
2. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT IN THE EU
It might have come to your attention that a new law was passed in the European Union (EU) called the General Data Protection Regulation (GDPR). The GDPR gives certain rights to individuals who are EU data subjects, in relation to their personal data.
Subject to the GDPR and applicable law’s limitations, the rights afforded to you if you are an EU data subject are:
RIGHT TO BE INFORMED
You have a right to be informed about the manner in which any of your personal data is collected or used which we have endeavoured to do by way of this Policy.
RIGHT OF ACCESS
You have a right to access the personal data you have provided by requesting us to provide you with the same.
RIGHT TO RECTIFICATION
You have a right to request us to amend or update your personal data if it is inaccurate or incomplete.
RIGHT TO ERASURE
You have a right to request us to delete your personal data.
RIGHT TO RESTRICT
You have a right to request us to temporarily or permanently stop processing all or some of your personal data.
RIGHT TO OBJECT
You have a right, at any time, to object to our processing of your personal data under certain circumstances. You have an absolute right to object to us processing your personal data for the purposes of direct marketing.
RIGHT TO DATA PORTABILITY
You have a right to request us to provide you with a copy of your personal data in electronic format and you can transmit that personal data for using another third-party’s product/service.
RIGHT NOT TO BE SUBJECT TO AUTOMATED DECISION-MAKING
You have a right to not be subject to a decision based solely on automated decision making, including profiling.
In case you want to exercise the rights set out above you can contact our Grievance Officer whose details are set out in Section 13 below.
The data provided by you as a Visitor, or when you sign up as a Registered User for our Services will be processed by us for the purpose of rendering Services to you or in order to take steps prior to rendering such Services, at your request. Where such data is not being used by us to render Services to you, we shall explicitly seek your consent for using the same. You can choose to withdraw this consent at any time by writing to us at mailsupport@Fitfaat.com Additionally, we may process your data to serve legitimate interests.
Accordingly, the grounds on which we can engage in processing are as follows:
NATURE OF DATA GROUNDS
Performance of a Contract; and
Account Registration Data
Performance of a Contract; and
Special Categories of Personal Data
Performance of a Contract.
Legitimate Interest; and
Performance of a Contract; and
Compliance with applicable laws.
Service Usage Data
Performance of a Contract; and
Data for Marketing our Services
If you believe we have used your personal data in violation of the rights above or have not responded to your objections, you may lodge a complaint with your local supervisory authority.
3. PUBLISHED CONTENT
Any success stories, comments, messages, blogs, scribbles etc. posted/ uploaded/ conveyed/ communicated by you on the public sections of the Website/App becomes published content. We may publish such published content on our Website/App so long as you consent. You may request that such published content be taken down at any time and we shall remove such published content. However, we are not responsible for any actions taken by third-parties with respect to such published content.
4. INFORMATION WE GET FROM OTHERS
We may receive data about you from other sources i.e., expert calls, smart watch, surveys, and such data may be added to our Website/App from time to time. Such data may include your behaviour towards various content posted on our Website/App from other sources. We use the data collected from other sources to prepare a specific diet plan and training regime for you. We also use this data for providing, testing, improving, or recommending the Services.
5. RETENTION OF PERSONAL INFORMATION
We will store any personal data we collect from you as long as it is necessary in order to facilitate your use of the Services and for ancillary legitimate and essential business purposes – these include, without limitation, for improving our Services, attending to technical issues, and dealing with disputes.
Your personal data will primarily be stored in electronic form. We may enter into agreement with third parties to collect, store, process your personal data but under full compliance with applicable laws. In the event, you have any telephonic interactions with our customer representatives, the call data is recorded and stored on the Amazon Web Services (AWS) for training and quality purposes.
We may need to retain your personal data even if you seek deletion thereof, if it is needed to comply with our legal obligations, resolve disputes and enforce our agreements.
If you are a Registered User, please be advised that after you terminate your usage of a Service, we may, unless legally prohibited, delete all data provided or collected by you from our servers.
6. TRACKING BY OUR ADVERTISEMENT PARTNERS
Upon receiving your specific consent, we may share the data we collect from cookies or web beacons with our advertisement partners to track your visits, establish your non-personal identity and present you with targeted advertisements about our Services.
7. COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT
As a business service, we neither knowingly collect or store nor use any personal data of any individuals under the age of 13. We do not target our Services towards individuals under the age of 13. Individuals under the age of 13 should seek the consent of their parents before providing any information about themselves, their parents, or other family members on our Website/App.
8. TRANSFER OF INFORMATION
In the ordinary course of business, we may employ other companies and people to assist us in providing certain components of our Services in compliance with the provisions of this Policy. To do so, we may need to share your data with them.
Where applicable – if the entities to which these transfers are effected are not situated in countries deemed 'adequate' by the European Commission or are not registered under the EU-US Privacy Shield framework, we shall enter into appropriate Data Protection Addendums with the transferee parties that comprehensively protect your data. We shall also put in place industry-standard technical and organizational measures (including robust data handling policies) to ensure that such transfers are completed in accordance with applicable laws.
Some of the examples of where we may sub-contract processing activities to third parties include—record keeping, data analysis, marketing assistance, processing payments, and providing customer service.
9. THIRD PARTY LINKS
We may display links to third-party websites or applications on our Website or App for advertising or providing you with relevant content. We will not be responsible for such third-party websites or applications if you choose to access them. If you provide any data to such website/application, please ensure you read their policies given that you will no longer be bound by this Policy in doing so.
We may receive data whenever you visit a third-party link through our Website/App which includes the date and time of your visit to the third-party website, the web address or URL, technical information about the IP address, browser and the operating system you use and, if you are logged into Fitfaat, your username.
10. COMPELLED DISCLOSURE
In addition to the purposes set out in the Policy, we may disclose any data we collected or processed from you if it is required:
under applicable law or to respond to a legal process, such as a search warrant, court order, or subpoena;
to protect our safety, your safety or the safety of others or in the legitimate interest of any party in the context of national security, law enforcement, litigation, criminal investigation or to prevent death or imminent bodily harm;
to investigate fraud, credit risk or violation of our Acceptable Use Policy;
in connection with legal proceedings brought against Fitfaat, its officers, employees, affiliates, customers or vendors;
to establish, exercise, protect, defend and enforce our legal rights; or
when we do a business deal or negotiate a business deal, or our assets are merged or acquired by the other business entity, or during restructuring of business or re-organization, we may have to share information provided by you with the other business entities.
10. SECURITY OF YOUR PERSONAL INFORMATION
We implement industry-standard technical and organizational measures by using a variety of security technologies and procedures to help protect your data from unauthorized access, use, loss, destruction or disclosure. When we collect particularly sensitive data (such as a credit card number or your geo-location), it is encrypted using industry-standard cryptographic techniques including but not limited to PBKDF2, AES256, TLS1.2 & SHA256.
The collection, storage, usage, and sharing of your data by the Company shall be in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws.
Your password is your first line of defence once you set up a Fitfaat account, we recommend that you set a strong password which you never share with anyone.
We have taken appropriate steps for the security and protection of all our digital platforms including internal applications, however, we shall not be responsible for any breach of security or the disclosure of personal data for reasons outside our control, such as hacking, social engineering, cyber terrorism, espionage by third parties, or any events by way of force majeure such as sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.
12. ACCESS, CORRECTION & DELETION
You may request access, correction or updation, and deletion of the data by contacting firstname.lastname@example.org You may note that deletion of certain data or withdrawal of consent may lead to cancellation of your registration with us or your access to our Services.
Based on technical feasibility, we will provide you with access to all your personal and sensitive personal data that we maintain about you. We will perform verification before providing you access to this data.
You may opt out of our marketing emails by clicking on the ‘opt-out’ link provided in the emails. However, we may still send you non-marketing emails about your accounts or any other transactions with you.