This Agreement is entered into by and between PCD Consultancy Services ("Company," "We," "Us," or "Our"), located in Mumbai, India, and you, the subscriber, user, or entity ("User," "You," or "Your") accessing or utilizing the RankOnFitness service ("Service").
1Acceptance of Terms
By subscribing to, accessing, or otherwise utilizing the Service, You hereby acknowledge and agree to be legally bound by these Terms of Service ("Terms"). Should You not agree to these Terms, You are expressly prohibited from accessing or using the Service, and Your sole recourse is to immediately discontinue all use.
2Subscription and Payments
2.1 The Service is provided on a subscription basis, offering both monthly and annual payment options.
2.2 All payments made for the Service are final and non-refundable . No cancellations or refunds will be processed for any reason once payment has been remitted.
2.3 The subscription period shall commence on the date of payment and shall remain valid until the calculated end date.
2.4 A demonstration or walkthrough of the Service may be provided prior to Your purchase, at the Company's sole discretion.
3User Roles and Access
The Service incorporates various user roles, each with distinct functionalities and access levels:
- Gym Admins:Possess the authority to manage and control member accounts, including creation and deletion.
- Trainers:Utilize the Service to facilitate training activities.
- Members:Access their personal data and track progress exclusively via the designated application.
- Sales/Accounts Staff:Engage with the Service for sales and accounting purposes.
It is explicitly stated that onlyGym Adminsare authorized to create or delete member accounts within the Service.
4User Responsibilities
You are solely responsible for maintaining the confidentiality and security of Your login credentials. You further warrant that Your use of the Service shall at all times comply with all applicable local, national, and international laws and regulations, in addition to these Terms.
5Use of Member Data
By utilizing the Service, You explicitly grant PCD Consultancy Services authorization to:
- Collect, store, and process Your personal and fitness-related information.
- Permit gyms to contact You via the Service platform.
- Contact You directly on behalf of the respective gym or as PCD Consultancy Services for service-related communications or future promotional purposes.
6Prohibited Use
You expressly agree not to:
- Reverse-engineer, decompile, disassemble, or otherwise tamper with the software components of the Service.
- Upload, transmit, or otherwise introduce any malware, viruses, or unauthorized files or code into the Service.
- Utilize the Service for any illegal, unethical, fraudulent, or otherwise unauthorized activities.
7Limitation of Liability and Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PCD Consultancy Services shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- Any data loss attributable to network outages, server malfunctions, or other technical issues.
- Any health issues, injuries, or adverse events arising from workouts or activities tracked or suggested via the Service application.
- The performance or non-performance of any third-party services, including, but not limited to, payment gateways or wearable device integrations.
8Modifications to Terms
We reserve the exclusive right, at Our sole discretion, to modify or replace these Terms at any time. Any such modifications shall be effective immediately upon posting the revised Terms on the Service platform. Your continued use of the Service subsequent to the posting of any changes constitutes Your unqualified acceptance of the new Terms.
9Governing Law
These Terms shall be governed by and construed in accordance with the laws ofMumbai, India, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts located in Mumbai, India, and You hereby consent to the personal jurisdiction of such courts.