Terms and Conditions

01Company Information

Legal Entity: Neuraburn Technology Private Limited
Brand Name: Fitowl
Website: https://fitowl.in
Email: Fitowlapp@gmail.com
Location: Ahmedabad, Gujarat, India

02Services Provided

Fitowl provides software services including but not limited to:

• Gym Management Software
• Membership Management
• Attendance Management
• Billing and Invoicing
• Payment Tracking
• Trainer Management
• Member Management
• WhatsApp Communication Services
• Notifications and Automation
• Reports and Analytics
• Multi-branch Management
• Additional software services introduced from time to time

Fitowl acts solely as a software and technology platform.

03Account Registration

Customers are responsible for:

• Providing accurate information.
• Maintaining the confidentiality of account credentials.
• Restricting unauthorized access to their accounts.
• Updating account information when necessary.

Customers are fully responsible for all activities occurring under their accounts.

04Subscription Fees

Fitowl services are provided on a subscription basis.

Subscription fees may include:

• Annual software subscriptions
• Monthly subscriptions
• Setup fees
• Onboarding fees
• Custom development charges
• Add-on service fees

All subscription fees are payable in advance unless otherwise agreed in writing.

05WhatsApp Business Charges

WhatsApp Business messaging charges are separate from Fitowl software subscription fees.

Customers acknowledge and agree that:

• WhatsApp messaging services are usage-based.
• Charges include Meta Platform fees and Fitowl service charges.
• Pricing may vary depending on message category, destination country, Meta pricing policies, and service charges.
• Fitowl reserves the right to revise WhatsApp pricing with prior notice.
• Customers may be required to maintain sufficient wallet balance or prepaid credits for messaging services.

Failure to maintain sufficient balance may result in suspension of WhatsApp messaging functionality.

06Payment Terms

Customers agree to make payments on or before the due date.

Late payments may result in:

• Service suspension
• Restricted access
• Additional charges
• Account termination

Fitowl reserves the right to suspend services for unpaid invoices.

07Refund Policy

All payments made to Fitowl are final and non-refundable.

This includes but is not limited to:

• Subscription fees
• Setup fees
• Onboarding charges
• WhatsApp credits
• Custom development charges
• Add-on services
• Integration services

Refunds shall only be provided where required under applicable law.

08WhatsApp Credits

Unused WhatsApp credits, prepaid balances, wallet balances, and messaging credits are:

• Non-refundable
• Non-transferable
• Non-convertible to cash

Unused balances shall expire only if specifically stated in the applicable plan or agreement.

09Cancellation Policy

Customers may cancel future subscription renewals at any time.

Cancellation shall prevent future billing but shall not entitle customers to refunds for the current billing period.

Customers may continue using services until the end of their active subscription period.

10Data Ownership

All customer data, member records, attendance information, payment records, and related information remain the property of the respective customer or business using Fitowl.

Fitowl does not claim ownership of customer data.

11Data Retention and Deletion Policy

If a gym, business, or customer permanently stops using Fitowl services or terminates its subscription, Fitowl may retain business data, member records, attendance data, billing information, and related records for up to ninety (90) days following account termination or expiration.

This retention period allows customers sufficient time to request data exports, backups, or account restoration where applicable.

After the expiration of the ninety (90) day retention period, Fitowl reserves the right to permanently and irreversibly delete all associated customer data from its systems and backups unless a longer retention period is required by applicable law or regulatory obligations.

Customers are solely responsible for exporting or backing up their data prior to account termination or before the expiration of the retention period.

Once data has been permanently deleted, Fitowl may not be able to recover or restore such information.

12Customer Responsibilities

Customers are solely responsible for:

• Compliance with applicable laws.
• Obtaining customer consent for communications.
• Accuracy of entered data.
• Managing business operations.
• Compliance with WhatsApp Business policies.
• Compliance with anti-spam regulations.

13Business Responsibility Disclaimer

Fitowl provides software and automation tools only.

Fitowl shall not be responsible for:

• Loss of gym members
• Membership cancellations
• Revenue loss
• Business losses
• Marketing performance
• Customer disputes
• Trainer performance
• Staff performance
• Payment collection failures
• Business management decisions
• Loss of profits
• Loss of business opportunities

All business operations and decisions remain solely the responsibility of the gym or business owner.

14Third-Party Services

Fitowl relies on third-party services including:

• Meta Platforms Inc.
• WhatsApp Business Platform
• Razorpay
• Cloud hosting providers
• Email providers
• Analytics providers

Fitowl shall not be responsible for interruptions, delays, outages, suspensions, policy changes, pricing changes, or service failures caused by third-party providers.

15Limitation of Liability

To the maximum extent permitted by law, Fitowl, Neuraburn Technology Private Limited, its directors, employees, affiliates, and partners shall not be liable for:

• Indirect damages
• Consequential damages
• Loss of profits
• Loss of revenue
• Loss of goodwill
• Data loss
• Business interruption
• Service downtime
• Third-party service failures

The total liability of Fitowl shall not exceed the amount paid by the customer to Fitowl during the preceding twelve (12) months.

16Account Suspension and Termination

Fitowl reserves the right to suspend or terminate accounts in cases including but not limited to:

• Non-payment
• Fraudulent activity
• Violation of laws
• Abuse of services
• Spam activities
• Violation of WhatsApp policies
• Violation of these Terms and Conditions

17Intellectual Property

All software, branding, trademarks, logos, content, designs, and intellectual property associated with Fitowl remain the exclusive property of Neuraburn Technology Private Limited unless otherwise stated.

Customers may not:

• Copy software
• Reverse engineer services
• Resell services without authorization
• Use Fitowl branding without permission

18Modifications to Services

Fitowl reserves the right to:

• Modify services
• Add or remove features
• Update pricing
• Change subscription plans
• Modify technical requirements

Reasonable efforts will be made to provide advance notice where practical.

19Force Majeure

Fitowl shall not be liable for failure or delay in performance resulting from events beyond reasonable control, including:

• Natural disasters
• Government actions
• Internet outages
• Cyber attacks
• Power failures
• Third-party service failures
• Regulatory changes

20Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of India.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat, India.

21Changes to These Terms

Fitowl reserves the right to modify these Terms and Conditions at any time.

Updated versions will be published on our website with a revised effective date.

Continued use of Fitowl services after updates constitutes acceptance of the revised Terms.

22Contact Information