Introduction
Welcome to Fittex’s Terms of Service. These terms, along with Fittex’s Privacy Statement and Support Access and Service Level Agreement and API Development Agreement (collectively, the “Terms”), govern your use of Fittex’s Website, API, and Software (together referred to as the “Services”). These policies may be updated periodically, and they outline the conditions for accessing and using Fittex’s Services.
Access and Use of Services
Fittex grants you access to its services under a subscription-based model. By subscribing, you confirm that you have the authority to accept these Terms and that your use of the services will not breach any third-party agreements or laws. You also agree to comply with all relevant local, state, national, and international laws. Payment for your subscription entitles you to access Fittex’s services, and failure to make payments or adhere to these Terms may result in the loss of access.
Service Duration and SLA
Your right to use Fittex’s services lasts as long as your subscription is active, and during that time, you are entitled to the benefits outlined in Fittex’s current Service Level Agreement (SLA). If you don’t agree to the Terms, you cannot use the services. If you’re using Fittex on behalf of another entity, you confirm that you’re authorized to accept these Terms on their behalf. Additionally, these Terms cannot be transferred without Fittex’s written consent. Fittex and its users do not enter into any partnership or joint venture through this agreement, and it doesn’t imply such relationships.
Modifications and Termination
Fittex reserves the right to modify or discontinue its services at any time, with or without prior notice after termination of subscription. Changes to services, pricing, or subscription plans will be communicated as required by law and will take effect for new subscription periods. If you disagree with any price changes, you have the option to cancel your subscription. Fittex may terminate your access to the services for violations of these Terms or lack of use. Upon termination, Fittex may delete all your data and account information without notice after 30 days of termination, and Fittex will not be responsible for any damages resulting from the termination, modification, or suspension of the services.
Disclaimer of Warranties
Fittex provides its services “as-is” and “as available,” and to the extent allowed by law, Fittex and its partners disclaim all warranties, whether express, implied, or statutory. This includes warranties related to the accuracy, reliability, or security of the services, and Fittex does not guarantee that the services will meet your specific needs or be free from errors, bugs, or interruptions. You use the services at your own risk, and Fittex is not responsible for any losses or damages arising from your use.
Limitation of Liability
Fittex is not responsible for any direct, indirect, incidental, or consequential damages that result from your use of the services. This includes damages such as lost profits, loss of data, or business interruptions, even if Fittex has been informed of the potential for such damages. Your sole remedy in the event of any failure of the services is the amount paid for the related services.
Support and Service Responsibilities
Fittex offers automatic updates and support for its system, as described in the Support Access Agreement. However, it is your responsibility to set up any necessary hardware and maintain internet access. Fittex will not monitor your use of the services but may do so to ensure compliance with these Terms and improve service delivery.
Intellectual Property
You are not allowed to copy, modify, or distribute any content from Fittex’s services for commercial purposes without explicit permission. The use of Fittex’s trademarks and intellectual property is strictly controlled, and you may not imply any endorsement or association with Fittex without permission. Violation of these terms will lead to the termination of your right to use Fittex’s services.
Acceptable Use and Security
You must not misuse Fittex’s services in any way that disrupts the functionality of the system or impacts other users. Reverse engineering, unauthorized copying, or hacking of the services is prohibited. Any violation of these acceptable use policies can result in termination of your access.
Confidentiality and Promotion
Fittex agrees to keep confidential any business information shared in the course of providing support or services. However, Fittex may include you in promotional materials, such as listing you as a client on its website, unless otherwise requested. Fittex reserves the right to access and disclose any information deemed necessary to comply with legal obligations or enforce these Terms.
User Submissions
If you submit any ideas, suggestions, or feedback, Fittex has the right to use these submissions without compensating you, and Fittex is not restricted from developing similar products or services. By providing feedback, you acknowledge that Fittex is free to use and distribute your suggestions.
Taxation Compliance
You are responsible for complying with all applicable tax laws related to your use of Fittex’s services, including sales and use taxes if applicable.
Security and Access Responsibilities
You are responsible for the security of your account, passwords, and API keys. Fittex is not liable for any unauthorized use of your account. If you share access to the services with others, you agree to indemnify Fittex for any misuse that occurs.
Payment Card Data Security Compliance
Fittex adheres to the Payment Card Industry Data Security Standards (PCI DSS) for secure handling of payment card data. If you handle cardholder information, you must also comply with PCI DSS and other relevant data security regulations.
Account Termination and Indemnification
Fittex may suspend or terminate your account if you provide false information, fail to make payments, or violate these Terms. You agree to indemnify and hold Fittex harmless from any third-party claims arising from your use of the services, and Fittex may charge a reinstatement fee if services are reactivated after termination.
Third-Party Services
Fittex may provide access to third-party services, but it is not responsible for their performance or compliance. If you use third-party services, you must agree to their terms and conditions.
External Links
Fittex’s services may include links to third-party websites, but Fittex is not responsible for the content or availability of those sites. You use external sites at your own risk.
AI and Machine Learning Services
Fittex uses AI and machine learning to enhance its services. User-specific data is confidential, but aggregated data generated through AI is not. Users remain responsible for ensuring that their use of AI services complies with legal and ethical guidelines.
Miscellaneous
Fittex’s failure to enforce any part of these Terms does not waive its right to enforce them later. Any invalid provision will be modified to achieve its purpose to the fullest extent permitted by law, and the remaining provisions will continue in effect. These Terms are governed by the laws of India, and any disputes will be resolved in the courts of Coimbatore, Tamil Nadu.
Electronic Agreements
By using Fittex’s services, you agree that your electronic submissions (such as signing contracts or making transactions) are legally binding.
