Terms & Conditions

Last Updated: 4 December 2025

1. Introduction

Welcome to Neeyafit ("we," "our," or "us"). These Terms and Conditions govern your use of our online fitness coaching services, including our website at neeyafit.com and all related services.

By accessing or using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

2. Service Description

Neeyafit provides online fitness coaching services led by Nithya Shree Ananda, an international athlete and certified Strength & Conditioning Coach. Our services include:

• Trial Workshop: ₹199 + GST (₹209 total) - One-time 50-minute introductory session
• Monthly Subscriptions: Starting at ₹1,586.66/month (with 10% first-month discount) - Live group coaching sessions
• 90-Day Transformation Program: Comprehensive fitness transformation with 24 live sessions
• AI Voice Assistant: Interactive fitness guidance and support

2.1 AI Voice Assistant

Our AI Voice Assistant provides interactive fitness guidance powered by advanced artificial intelligence technology. See Section 14.7 for complete data processing details.

3. Eligibility & Health Requirements

3.1 Age Requirement

You must be at least 18 years old to use our services. Our programs are specifically designed for women over 30.

3.2 Medical Conditions Requiring Pre-Clearance

You MUST obtain written medical clearance from a registered medical practitioner BEFORE participation if you have ANY of the following:

• Current untreated injury (muscle, joint, back, neck)
• Cardiovascular conditions (heart disease, uncontrolled hypertension)
• Respiratory conditions (uncontrolled asthma, chronic breathing problems)
• Metabolic conditions requiring medication (diabetes, thyroid disorders)
• Pregnancy (any stage) or postpartum period (within 6 months)
• Recent surgery or medical procedures (within 6 months)
• Chronic joint conditions (arthritis, chronic back pain)
• Neurological conditions (epilepsy, seizure disorders, recurrent dizziness)
• Any condition requiring ongoing medical care or medication

Note: Having a medical condition does NOT automatically disqualify you. With proper medical clearance confirming your fitness for our program intensity, you may participate safely.

3.3 Health Declaration

By using our services, you confirm that:

• You have NO current untreated injuries
• You have NO medical conditions OR you have obtained doctor clearance as required in Section 3.2
• You are physically capable of the exercise intensity in our programs
• You will notify us immediately if you become injured or sick
• All information you provide is true and accurate

3.4 Mandatory Medical Clearance Requirements

For customers with ANY of the following conditions, written medical clearance from a registered medical practitioner is MANDATORY before participation:

• Age 45-60: Doctor's fitness certificate (not older than 6 months)
• Age over 60: Pre-enrollment cardio clearance mandatory
• Existing health conditions: Doctor's clearance mandatory regardless of age

Medical certificate must be uploaded during enrollment. Neeyafit may request physician contact details to verify clearance.

4. Payment Terms

4.1 Pricing Breakdown

4.2 Payment Processing

All payments are processed securely through Razorpay Payments Pvt. Ltd., our authorized payment gateway partner. Payment processing is PCI-DSS Level 1 compliant with SSL/TLS encryption for all transactions.

Accepted Payment Methods:

• Credit/Debit Cards (Visa, Mastercard, RuPay)
• UPI (Google Pay, PhonePe, Paytm, etc.)
• Net Banking
• Digital Wallets

Security:

• No credit card details stored on Neeyafit servers
• All payment data encrypted and tokenized
• Razorpay Terms & Conditions apply: razorpay.com/terms
• Razorpay Privacy Policy: razorpay.com/privacy

4.3 Auto-Debit Authorization (Subscriptions)

By subscribing, you authorize monthly auto-debit via Razorpay NACH/eNACH mandate:

• Billing date: 5th of each month (or date of initial subscription)
• Amount: ₹1,763/month (including GST)
• Notification: 24-hour advance notice before each charge (RBI minimum requirement)
• Opt-out option: Customers can opt-out of any transaction via link provided in pre-debit notification
• Mandate modification: Can be modified 10 days before debit date
• Mandate validity: Until active subscription or customer-initiated cancellation
• Mandate withdrawal: Can be withdrawn at any time through issuing bank without charges
• Mandate expiry: Auto-expires 2 years from creation (RBI requirement); re-authorization required

4.4 Failed Payment Protocol

In compliance with RBI guidelines on recurring transactions:

• Automatic retry: Day 1, 3, and 5 after initial failure
• SMS notification: Sent for each retry attempt
• Service access: Continues during retry period (Days 1-5)
• Service suspension: After 3 consecutive failures
• Reactivation: Customer re-initiates mandate or makes one-time payment

4.5 Transaction Disputes & Chargebacks

• Dispute window: 180 days under RBI guidelines
• Wrong amount debited: Refund within 10 days
• Duplicate debit: Reversal plus 1.5% interest (RBI minimum)
• Unauthorized transaction: Full refund; mandate investigation within 15 days

For faster resolution, contact Neeyafit support first at support@neeyafit.com

You retain the right to file disputes with your bank under RBI regulations.

4.6 Invoice & GST Details

• GST-compliant invoice issued for all transactions
• Invoice delivery: Email (registered address) + in-app dashboard within 2 hours of payment
• HSN Code: 9913 (Sports and other services)
• Place of supply: Customer's location/state
• Transaction reference number provided for all payments

5. Refund & Cancellation Policy

5.1 Trial Workshop (₹209)

• Cancellation 24+ hours before class: Full refund
• Cancellation less than 24 hours: Non-refundable (coach scheduling already confirmed)
• No-show: Non-refundable

5.2 Monthly Subscription Refunds

In compliance with the Consumer Protection Act, 2019 and E-commerce Rules 2020:

• First 14 calendar days: Full refund if less than 2 sessions attended (cooling-off period)
• Days 15-30: 50% refund plus forfeiture of used sessions (measured per attendance)
• After 30 days: No refund (commitment acknowledged)

Exception: Service interruption exceeding 7 consecutive days due to Neeyafit fault results in pro-rata refund for blackout period.

5.3 3-Month Commitment Refunds

• First 14 days: Money-back guarantee if less than 2 sessions completed (enhanced consumer protection)
• After 14 days: Refund available only for:
  • Coach-caused service gaps exceeding 7 days
  • Technical platform failure exceeding 24 hours
  • Neeyafit shutting down services

Not refundable for: Customer change of mind, fitness goals not met, or better offer found elsewhere.

5.4 Subscription Cancellation

You may cancel your subscription through any of the following methods:

• Method 1 (Preferred): In-app via Subscription → Manage → Cancel Subscription
• Method 2: Email to support@neeyafit.com with subject "SUBSCRIPTION CANCELLATION" (include Name, Email, Subscription ID)
• Method 3: Phone during business hours (9 AM - 6 PM IST, Mon-Sat)

Cancellation Terms:

• Effective date: Next billing cycle or immediately (your choice)
• Confirmation: Email sent within 2-24 hours depending on method
• Notice period: 7 days before next billing cycle recommended
• Refund: Email acknowledgment within 24 hours; processing per Section 5.6

5.5 Subscription Pause

After completing the 3-month minimum commitment:

• You may pause your subscription for up to 30 days
• Request at least 7 days before your next billing date
• No charges during pause period
• Pausing is subject to availability

5.6 Refund Processing

• Refund requests: Submit via support@neeyafit.com
• Acknowledgment: Within 24 hours of request
• Processing time: Refund initiated within 7-10 business days to original payment method
• Credit time: Actual credit may take additional 5-7 days depending on your bank
• Partial month pro-ration: Based on daily rate (₹1,679 ÷ 30 days)
• GST refund: Included in refund amount (credit note issued per GST rules)

6. Liability & Risk Acknowledgment

6.1 Scope of Liability

Neeyafit shall not be liable for injuries resulting from inherent risks of physical exercise where proper instructions were provided and followed. However, Neeyafit remains liable for injuries caused by:

• Gross negligence or willful misconduct by our coaches
• Failure to provide adequate safety instructions
• Objectively dangerous instructions contraindicated per customer's medical condition
• Fraud or intentional wrongdoing

6.2 Assumption of Risk

By participating in our online fitness programs, you acknowledge and accept that:

• Physical exercise involves inherent risks of injury even when proper instructions are followed
• You participate at your own risk for injuries not caused by our negligence
• You are responsible for your safety and creating a safe workout environment
• You will stop immediately if you experience pain or discomfort
• You understand online training has limitations compared to in-person training

This assumption of risk does not apply to injuries caused by our gross negligence, willful misconduct, or failure to provide adequate safety instructions.

6.3 Online Training Limitations

You understand that:

• This is online group class (10-25 people)
• Coach CANNOT physically touch or spot you
• Coach's attention is divided among all participants
• Coach sees you only through camera (limited view)
• Internet connectivity may affect real-time feedback
• No immediate individual corrective feedback is guaranteed
• You are primarily responsible for your own safety during workouts

7. Your Responsibilities

7.1 You MUST:

• Create safe 6x6 ft clear workout space
• Remove all obstacles, furniture, and breakable items
• Use non-slip surface and proper athletic shoes
• Ensure stable internet connection (minimum 5 Mbps recommended)
• Position camera to show full body during exercises
• Stop IMMEDIATELY if you feel pain, dizziness, or discomfort
• Inform coach if something feels wrong or unclear
• Choose appropriate weights for your level
• Provide emergency contact information
• Provide your full address for emergency services
• Keep emergency information updated

7.2 You MUST NOT:

• Exercise if injured or sick
• Ignore pain or "push through it" without coach guidance
• Attempt exercises beyond your ability
• Record or share class content (see Section 8.2)
• Act abusively toward coach or members
• Provide false health information

7.3 Payment Disputes

Before initiating a chargeback with your bank, customers are encouraged to contact Neeyafit support first at support@neeyafit.com for faster resolution. However, customers retain all statutory rights to dispute transactions under RBI guidelines, including:

• Right to dispute unauthorized transactions (180-day window)
• Right to report wrong amounts debited
• Right to file chargebacks for deficiency in service
• Right to zero-liability protection for fraudulent transactions

7.4 Emergency Procedures

Customer Responsibility:

In case of medical emergency during online session:

1. STOP exercising immediately
2. Call local emergency services (112) if needed
3. Notify coach via chat/unmute if able
4. Ensure family/friends are aware when you exercise
5. Keep phone accessible during all workouts

Neeyafit Coach Responsibility:

If coach observes signs of medical distress or customer reports emergency:

1. Coach will instruct customer to stop immediately and seek medical attention
2. Coach will attempt to contact emergency contact provided by customer
3. Coach will document incident for safety review
4. For severe emergencies, coach may initiate emergency call on customer's behalf (if contact details provided)

Important Limitations:

• Coach cannot physically assist in online environment
• Coach's observation limited by camera view and internet connection
• Customer is primarily responsible for their own emergency response
• Neeyafit does not provide medical emergency services

Required Emergency Information:

You must provide and keep updated:

• Emergency contact name and phone number
• Full residential address for emergency dispatch
• Medical conditions and allergies
• Physician contact information (if applicable)

Emergency Information Update:

Update emergency details immediately if changed: Account Settings → Emergency Info. Failure to provide accurate emergency information may delay assistance in critical situations.

8. Intellectual Property & Content

8.1 Our Content

All content provided through Neeyafit, including but not limited to workout programs, videos, images, text, graphics, logos, and software, is the property of Neeyafit and is protected by Indian and international copyright laws, specifically:

• Copyright Act, 1957
• Information Technology Act, 2000
• Trade Marks Act, 1999

8.2 Recording & Sharing Prohibited

Our Recording Practices:

• Sessions may be recorded by us for quality and coaching improvement purposes
• By enrolling, you consent to video recording of sessions
• Videos are stored for 90 days and used only for coaching feedback
• Exception: If you specifically request fitness progress assessment, relevant session videos may be retained up to 12 months with your written consent
• Videos will not be shared publicly without separate written consent
• You may request deletion of your video recordings at any time by contacting support@neeyafit.com

Your Restrictions:

• You CANNOT record, screenshot, or share class content
• You CANNOT distribute, sell, or sublicense our content
• Copyright infringement may result in account termination and potential legal action for damages actually incurred under the Copyright Act, 1957

8.3 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our services for your personal, non-commercial use only. This license terminates upon cancellation of your subscription.

9. Prohibited Actions & Termination

Neeyafit may terminate your account for the following violations:

• Providing false health information or exercising with undisclosed injury
• Recording or sharing class content (copyright infringement)
• Acting abusively toward coach or members
• Violating any material terms of service
• Engaging in fraudulent activity
• Harassing or threatening other participants

Termination Process:

• Written notice: Email with 15 days notice period (except for immediate termination cases)
• Reason: Specific clause violation stated
• Appeal: User may appeal within 7 days (manual review)
• Refund: Evaluated on case-by-case basis considering circumstances

Immediate termination (no notice):

• Violence/threats to coaches or participants
• Hacking/fraudulent activity
• Commercial resale of credentials
• Severe copyright violations

10. Important Disclaimers

10.1 We Do NOT:

• Guarantee weight loss or specific fitness results
• Provide medical advice, diagnosis, or treatment
• Diagnose or treat medical conditions
• Guarantee refunds for any reason after the applicable refund period
• Replace professional medical care

10.2 We ARE:

• Fitness educators demonstrating exercises
• Certified Strength & Conditioning coaches
• NOT doctors or medical professionals
• NOT liable for results or lack of results beyond our control
• NOT responsible for outcomes related to undisclosed medical conditions

10.3 Medical Consultation Required

You should consult with a physician before beginning any exercise program. If you have any medical conditions listed in Section 3.2, you MUST obtain written clearance from your doctor before participating in our services.

11. Amendments & Modifications

11.1 Change Process

• Neeyafit may amend these Terms & Conditions at any time
• Notice: 30 days' email notice to registered email address
• Effective date: Clearly stated in amendment notice
• Change examples: Minor updates, new data processing practices, policy clarifications

11.2 Continued Use Implies Acceptance

• If you use service 5 days after notice: Acceptance presumed
• Disagreement option: Termination with refund of unused period
• Check this page regularly for updates: Last Updated date at top of document

11.3 Material Changes (Higher Notice Required)

• Material changes to pricing/core terms: 90 days' notice required
• Customer right to cancel: No penalty within 14 days of notice
• Example: ₹1,679 → ₹2,000/month triggers 90-day notice rule

11.4 Emergency Changes (No Advance Notice)

• Security patches/urgent bug fixes
• Compliance with law changes (e.g., new tax rules, RBI directives)
• Cessation of unlawful features
• Notice provided: Within 24-48 hours after change implementation

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms and Conditions are governed by the laws of India, specifically:

• Indian Contract Act, 1872
• Consumer Protection Act, 2019
• Digital Personal Data Protection Act, 2023
• Information Technology Act, 2000
• Goods and Services Tax Act, 2017
• Copyright Act, 1957
• RBI/SEBI/TRAI regulations as applicable

12.2 Consumer Disputes Redressal (PRIORITY FOR CONSUMERS)

IMPORTANT FOR CONSUMERS:

If you are a "consumer" under the Consumer Protection Act, 2019 (Section 2(7)), the arbitration clause in Section 12.4 does NOT apply to you.

Your Consumer Rights:

• You can file complaints directly in Consumer Disputes Redressal Commission
• Neeyafit waives right to arbitration if consumer initiates CPA proceedings
• Filing fees: ₹100-₹500 based on claim amount
• Jurisdiction: District Consumer Commission for claims <₹1 Crore
• Response time: Neeyafit files reply within 30 days of notice
• You may file consumer complaints at any time without exhausting internal grievance mechanism

For consumer complaints under Consumer Protection Act 2019:

• Acknowledgment: Within 48 hours
• Resolution attempt: Within 30 days
• National Consumer Helpline: 1800-11-4000 or 14404

12.3 Informal Resolution Process (Encouraged First Step)

Step 1: Customer Support

• Submit complaint to: support@neeyafit.com
• Include: Order ID, date, issue description, resolution sought
• Response time: 48 hours acknowledgment; 30 days resolution attempt
• Neeyafit attempts good-faith resolution (refund, service credit, etc.)

Step 2: Mediation (Optional, Encouraged)

• Neutral third-party mediation available before legal action
• Mediator: Jointly selected arbitrator
• Cost: ₹5,000 each party (Neeyafit covers if customer claim upheld)
• Location: Virtual via video conference
• Duration: Maximum 30 days

12.4 Arbitration (Optional - For Non-Consumer Commercial Disputes Only)

• Optional arbitration per Arbitration and Conciliation Act, 1996
• Applies only to: Non-consumer commercial disputes exceeding ₹1 Lakh
• Single arbitrator for disputes <₹5 Lakh
• Three arbitrators for disputes >₹5 Lakh
• Seat of arbitration: Bangalore, Karnataka
• Arbitration decision is final and binding (for non-consumer disputes only)
• Language: English
• Arbitration costs: Shared equally unless arbitrator decides otherwise

12.5 Jurisdiction & Forum Selection

• Place of performance: Customer's location + Bangalore (exclusive jurisdiction)
• Courts: Bangalore District Courts / Karnataka High Court
• For consumer disputes: Consumer Forums as per Consumer Protection Act 2019
• Consent to jurisdiction: By using our services, you consent to Bangalore jurisdiction (subject to consumer rights)

12.6 Limitation Period

• All complaints must be filed within 2 years from cause of action
• Exceptions: Fraud (3 years), latent defects (discovered date + 1 year)
• Consumer Protection Act claims: 2 years from date of cause of action

13. Force Majeure

13.1 Qualifying Events

• Natural disasters, pandemics, government lockdowns
• Pandemic-related restrictions (government-mandated lockdowns, travel bans)
• Public health emergencies affecting majority of customer base
• War, civil unrest, terrorism
• Internet backbone failure (not just Neeyafit's servers)
• Internet censorship or government-mandated service blocks
• Payment gateway operational failure exceeding 12 hours
• Acts of God beyond reasonable control

13.2 Service Suspension Without Liability

• Neeyafit may suspend services during force majeure events
• No refund for suspension period (but no charges accrued)
• Services resume within 48 hours of event conclusion
• If suspension exceeds 30 days: Automatic subscription pause (no charges)

13.3 Notice & Recovery

• Neeyafit notifies users within 12 hours of force majeure event
• Communication: Email + in-app notification + website banner
• Best efforts to restore within 48 hours
• If exceeds 7 days: Credit 50% of affected month fee to next month

14. Data Protection & Privacy

14.1 Legal Framework & Data Collection

Compliance Framework:

• Digital Personal Data Protection Act, 2023 (DPDP Act)
• Digital Personal Data Protection Rules, 2025
• Information Technology Act, 2000 (supplementary)
• Information Technology (Reasonable Security Practices) Rules, 2011

Neeyafit is a Data Fiduciary under DPDP Act 2023. We are committed to phased implementation of DPDP Rules as notified by the Ministry of Electronics and Information Technology (MeitY).

We collect and process the following information:

• Personal Information: Name, email, phone number, date of birth, gender
• Health Information: From health screening form (medical conditions, injuries, fitness level)
• Payment Details: Card ending digits, UPI details (NOT full card numbers)
• Video/Audio: Recording of you during classes
• Usage Data: Session attendance, workout preferences, app interactions
• Device Information: IP address, browser type, device type, operating system

14.2 Data Security

• Data encrypted at rest (AES-256) and in transit (TLS 1.3+)
• Access restricted to authorized personnel only
• Role-based access control (RBAC) for internal staff
• No data shared with third parties without consent (except as listed in Section 14.4)
• Data stored on servers in India (data localization compliant)
• Security audits conducted quarterly
• Regular penetration testing and vulnerability assessments
• Incident response plan in place

14.3 Data Retention

• Active user data: Retained during subscription + 1 year post-cancellation
• Video recordings: Deleted after 90 days (unless fitness assessment requested with consent)
• Payment data: Retained 6 years per GST Act 2017 and Income Tax Act 1961
• Health data: Retained 3 years post-cancellation for liability purposes
• Chat/support logs: Retained 2 years
• Right to deletion: Customer may request erasure (with 30-day notice, subject to legal retention requirements)

14.4 Third-Party Sharing

Data shared only with:

NOT shared without explicit consent:

• Health data
• Performance metrics
• Video/photos on social media
• Personal information for marketing purposes

14.5 Security Breach Notification

• Neeyafit notifies affected users within 72 hours of breach discovery
• Notification includes: Type of data compromised, remediation steps, assistance offered
• Regulatory authorities informed per DPDP Act 2023 and IT Act 2000 Section 43A
• Data Protection Board notification as required by law

14.6 Your Rights

• Right to access: Request personal data dump (fulfilled within 30 days)
• Right to correction: Update inaccurate information
• Right to deletion: Request erasure (subject to legal retention requirements)
• Right to portability: Receive data in machine-readable format (JSON/CSV/PDF)
• Right to withdraw consent: Withdraw processing consent (may limit service provision)
• Cost: Free (maximum 2 requests per year)

Exercise Your Rights:

• Email: support@neeyafit.com with subject "DATA REQUEST"
• In-app: Account Settings → Privacy → Data Rights

For complete privacy details, see our Privacy Policy.

14.7 AI Voice Assistant Data Processing

Our AI Voice Assistant provides interactive fitness guidance powered by Google Gemini with Neeyafit's custom fitness knowledge base.

Data Collection & Processing:

• Voice recordings of your interactions with the assistant
• Transcripts of conversations
• Fitness-related queries and responses
• Usage patterns and session duration
• Context from your fitness profile (with your consent)

Data Usage:

• Providing personalized fitness guidance
• Answering fitness-related questions
• Workout recommendations based on your profile
• Improving assistant response accuracy
• Service quality monitoring
• NOT used for third-party AI model training without explicit consent

Data Retention:

• Voice recordings: Automatically deleted after 90 days
• Transcripts: Retained for 1 year for service improvement
• Anonymized usage analytics: Retained indefinitely
• You may request earlier deletion at any time

User Rights:

• Request deletion of your voice data: support@neeyafit.com
• Opt-out of voice assistant: Use text-only mode in Settings → AI Assistant
• Download your conversation history: Account Settings → Data Export → AI Conversations

Third-Party Processing:

• Google processes voice data under their Privacy Policy: policies.google.com/privacy
• Data processing agreement complies with DPDP Act 2023
• Voice data is NOT shared with marketing partners
• Voice data processed in Google Cloud data centers

Data Security:

• Voice data encrypted in transit (TLS 1.3) and at rest (AES-256)
• Access restricted to authorized AI engineers only
• Biometric voice data NOT stored or used for authentication
• No voice profiling or voice recognition beyond session context

Consent Management:

• Explicit opt-in required before first AI voice interaction
• Consent can be withdrawn at any time: Settings → AI Assistant → Disable Voice
• Disabling voice assistant will delete all existing voice recordings within 7 days

14.8 DPDP Act 2023 Compliance & Your Enhanced Rights

Under the Digital Personal Data Protection Act, 2023, you have the following rights:

Your Rights:

1. Right to Access: Request confirmation of what personal data we hold about you
2. Right to Correction: Request correction of inaccurate/incomplete data
3. Right to Erasure: Request deletion of your data (subject to legal retention requirements)
4. Right to Data Portability: Receive your data in machine-readable format
5. Right to Grievance Redressal: File complaints with our Data Protection Officer or Data Protection Board
6. Right to Nominate: Nominate another individual to exercise your rights in event of death/incapacity

Data Protection Officer Contact:

• Email: support@neeyafit.com (Subject: Privacy Inquiry)
• Address: Same as registered business address (Section 17)

Consent Withdrawal:

You may withdraw consent for data processing at any time by:

• Emailing: support@neeyafit.com with subject "WITHDRAW CONSENT"
• In-app: Account Settings → Privacy → Manage Consent

Note: Withdrawal may limit our ability to provide certain services (e.g., withdrawing health data consent prevents personalized coaching).

Significant Data Fiduciary Status:

Neeyafit is currently NOT classified as a Significant Data Fiduciary under DPDP Rules 2025. If our status changes, we will notify you of additional compliance measures within 30 days.

Cross-Border Data Transfer:

Your data is primarily stored on servers within India (data localization compliant).

We may transfer personal data outside India only for:

• Payment processing via Razorpay's PCI-DSS compliant international infrastructure
• AI Voice Assistant processing (if using international AI providers with adequate safeguards)
• Cloud backup services (encrypted, with contractual safeguards)

Any cross-border transfer complies with DPDP Act Section 16 requirements and transfers only to countries on the approved list notified by the Central Government.

Children's Data:

We do NOT knowingly collect or process data of individuals under 18 years of age. Our services require users to be 18+. If we discover data of a minor, we will delete it within 7 days.

Implementation Timeline:

DPDP Rules are being phased in throughout 2025. We will notify you of any changes to our data processing practices resulting from regulatory updates within 30 days of rule notification.

15. Limitation of Liability

15.1 Consequential Damages Excluded

To the maximum extent permitted by law, Neeyafit is NOT liable for:

• Lost profits, lost data, lost opportunity
• Indirect/incidental damages (missed fitness goals, etc.)
• Special/punitive damages
• Consequential damages arising from service use
• Delay in fitness results due to factors beyond our control

15.2 Liability Cap

The following liability limitations apply only to the extent permitted by law and do not apply to:

• (a) Consumer claims under Consumer Protection Act 2019
• (b) Death or personal injury caused by our negligence
• (c) Fraud or willful misconduct
• (d) Violations of mandatory statutory rights

Subject to the above exceptions:

• Total liability: Lesser of (a) Amount paid in last 12 months or (b) ₹50,000
• IP indemnification: Separate cap of ₹5 Lakh for intellectual property claims

15.3 Service Availability

Neeyafit does NOT warrant:

• 100% uptime (target: 99.5% during business hours)
• Uninterrupted service (scheduled maintenance allowed with 48-hour notice)
• Third-party platform availability (Razorpay, video streaming, GST servers, etc. failures)
• Internet connectivity on customer's end
• Specific fitness outcomes or results

15.4 Consumer Protection Act Claims

Important:

Consumer Protection Act claims are not subject to these limitations. Consumers cannot waive CPA 2019 rights per Section 28 of the Indian Contract Act, 1872.

16. Severability & Waiver

16.1 Severability

• If any clause found unenforceable by court: That clause severed
• Remaining Terms & Conditions continue in force
• Example: If any provision held void, refund policy applies; rest of T&C survives

16.2 No Waiver

• Neeyafit's non-enforcement of clause ≠ waiver of right
• Single non-enforcement doesn't waive future enforcement
• Formal written waiver required for each specific instance

17. GST & Tax Information

All prices displayed on our website are inclusive of 5% Goods and Services Tax (GST) as applicable under Indian tax laws. GST-compliant invoices will be provided for all transactions within 2 hours of payment.

Business Details:

• Business Name: Neeyafit
• GST Registration: 29AQEPN5321R1Z8
• Registered Address: 213-1, NEAR ANJANEYA TEMPLE, BYRAMANGALA VILLAGE BIDADI HOBLI, BYRAMANGALA, Bidadi Industrial Area, Ramanagara, Karnataka, 562109
• HSN Code: 9913 (Sports and other services)
• Place of Supply: Customer's state (reverse charge if applicable)

Note: Customers should consult their tax advisors regarding GST input tax credit eligibility.

18. Contact Information

For questions about these Terms and Conditions, please contact us:

General Inquiries:

• Email: support@neeyafit.com
• Website: neeyafit.com
• Business Hours: Monday - Saturday, 9:00 AM - 6:00 PM IST

Grievance Officer:

• Name: Nithya Shree Ananda
• Contact: support@neeyafit.com (Subject: For Grievance Officer)
• Address: 213-1, NEAR ANJANEYA TEMPLE, BYRAMANGALA VILLAGE BIDADI HOBLI, BYRAMANGALA, Bidadi Industrial Area, Ramanagara, Karnataka, 562109

The Grievance Officer shall acknowledge complaints within 48 hours and resolve within 30 days as per Consumer Protection Act, 2019.

Data Protection Officer:

• Contact: support@neeyafit.com (Subject: For Data Protection Officer)

19. Acceptance of Terms

By clicking "I Agree" and completing payment, you acknowledge that:

Last Updated: 4 December 2025

For previous versions of these Terms & Conditions, please contact legal@neeyafit.com.

Neeyafit reserves the right to update these Terms & Conditions in accordance with Section 11.