Terms and Conditions
General Terms
These Terms and Conditions (“Terms”, “Agreement”) are an agreement between NAABFIT (“Company”, “us”, “we”, or “our”) and you (“User”, “you”, or “your”). This Agreement governs your use of NAABFIT’s mobile application and any of its services (collectively Mobile Application or “Services”).
Accounts and membership
By creating an account on our Mobile Application, you agree to maintain the security and confidentiality of your account credentials. You are fully responsible for all activities conducted under your account and for any other actions taken in connection with it. NAABFIT may monitor and review new accounts before allowing access to the Services. Supplying inaccurate or false contact information may lead to immediate account termination.
You must promptly notify us of any unauthorized use of your account or any security breaches. NAABFIT is not liable for any acts or omissions by you, including damages resulting from such acts or omissions.
We reserve the right to suspend, disable, or delete your account (or any part thereof) if we determine that you have violated these Terms, or if your conduct or content could harm NAABFIT’s reputation. If we delete your account for these reasons, you may be prohibited from re-registering. To enforce this, we may block your email address and IP address from future registration attempts.
Eligibility:
To use NAABFIT’s services, you must be at least 18 years old. Minors (under 18) may only use the platform with parental or guardian consent and supervision. NAABFIT does not knowingly collect data from individuals under 18 without consent. If a Minor accesses the platform, it is assumed parental consent has been provided, and the parent or guardian is responsible for the Minor’s use. NAABFIT may terminate accounts if a user is found to be underage without proper consent. Users are responsible for ensuring eligibility.
Our services
At NAABFIT, our services provide you with the opportunity to acquire a range of offerings, as outlined below, and we reserve the right to change, suspend, or terminate any of these services at our sole discretion.
- Fitness and Nutrition Coaching: This is a session/subscription-based service that provides users with access to a wide range of media and content focused on fitness and nutrition.
- Strength and Conditioning Coaching: This offering is a session/subscription-based service that grants users access to a library of strength and conditioning content
- Injury Rehab: This session/subscription-based service, curated by specialized experts like physiotherapists, offers users access to a combination of pre-recorded sessions focused on injury rehabilitation.
- Food Database: A comprehensive database featuring a blend of nutritional information curated and provided by NAABFIT.
NAABFIT provides a pause or freezing facility for certain subscription plans. This feature allows you to temporarily suspend your plan for a specified number of days. The availability of the pause facility depends on the type of plan purchased and is communicated at the time of purchase. Not all plans or services include this feature.
The pause facility terms are as follows:
1-Month Plan: No freezing days available.
2-Month Plan: Up to 10 freezing days.
6-Month Plan: Up to 20 freezing days.
12-Month Plan: Up to 30 freezing days.
No Refunds
All payments made to NAABFIT for any services, or subscriptions are non-refundable. In the event of termination or expiration of this Agreement, no portion of any payments made by you shall be owed, repaid, or refunded under any circumstances.
Health Disclaimer
By participating in NAABFIT’s Strength and Conditioning, Fitness and Nutrition Coaching, Food Database, and Injury Rehab Services, you agree to release NAABFIT, its coaches, consultants, officers, agents, and employees from any liability for injuries, damages, or losses arising from your participation. You acknowledge the inherent risks associated with physical exercises, fitness equipment, and wellness activities, including the possibility of serious injury or death.
You confirm that you are at least 18 years old, in good physical condition, and able to safely engage in our programs. If you have any pre-existing medical conditions, you agree to inform NAABFIT and provide the necessary documentation before beginning any program. We strongly recommend obtaining a physician’s approval before engaging in physical activities.
NAABFIT does not provide medical services, and our coaching is not a substitute for medical advice, diagnosis, or treatment. Always consult a healthcare professional before making changes to your diet or exercise routine. If you have an emergency, have an urgent health concern or need to obtain medical advice, you should refrain from using the services and the content and should immediately contact your physician or go to the nearest hospital.
Coaching Disclaimer
By engaging with our life and fitness coaching services, you acknowledge that you are responsible for your physical, mental, and emotional well-being. NAABFIT and its coaches are not liable for any outcomes from your participation. Coaching is not a substitute for therapy, counseling, or medical treatment. If you’re under the care of a mental health professional, please inform them about your participation in our services. For effective coaching, you agree to communicate openly, provide feedback, and commit to the program.
Intellectual Property Rights
This Agreement does not transfer to you any intellectual property rights owned by NAABFIT or its licensors. All rights, titles, and interests in and to such property will remain exclusively with NAABFIT. This includes, but is not limited to, all trademarks, service marks, graphics, logos, designs, text, software, and other materials used in connection with our Mobile Application or Services.
All trademarks, service marks, graphics, and logos related to our Mobile Application or Services are either registered or unregistered trademarks of NAABFIT or its licensors. Other trademarks, service marks, graphics, and logos that may appear on our Mobile Application or Services are the property of their respective owners.
Your use of our Mobile Application and Services does not grant you any right or license to copy, reproduce, modify, distribute, or otherwise use NAABFIT’s intellectual property or the intellectual property of any third party without prior written consent. Unauthorized use may result in legal action.
Limitation of Liability
To the fullest extent allowed by law, NAABFIT and its affiliates, employees, and agents are not liable for any damages, losses, or expenses, including but not limited to:
(a) Indirect, incidental, special, or consequential damages such as loss of profits, revenue, or business opportunities, even if NAABFIT was aware of the possibility.
(b) Claims arising from contract, tort, or negligence.
NAABFIT’s total liability for any claims is limited to the amount you paid in the last month before the issue occurred. These limitations apply even if the remedy does not fully resolve your losses.
Links to Other Mobile Applications and Websites
Our Mobile Application may contain links to third-party apps or websites. These links are provided solely for your convenience and do not imply any approval, endorsement, or affiliation with the third-party sites, unless explicitly stated. NAABFIT does not evaluate or warrant the offerings, content, or practices of any third-party businesses. We are not responsible for any actions, products, services, or content provided by third parties.
We recommend that you review the terms, privacy policies, and conditions of any third-party site you access through our links. Accessing these sites is at your own risk, and NAABFIT will not be held liable for any consequences resulting from such access.
Prohibited Uses
You agree not to use NAABFIT’s Mobile Application, Services, or Content for:
(a) Unlawful activities or to encourage others to do so;
(b) Violating laws or intellectual property rights;
(c) Harassing, discriminating, or harming others;
(d) Providing false or misleading information;
(e) Uploading harmful viruses or malware;
(f) Collecting personal data without consent;
(g) Spamming, phishing, or scraping;
(h) Engaging in immoral, offensive, or disruptive behavior;
(i) Interfering with security features.
NAABFIT may suspend or terminate access for any violations of these terms.
Indemnification
You agree to indemnify and hold NAABFIT and its affiliates, directors, employees, and agents harmless from any liabilities, losses, or costs, including attorney fees, arising from third-party claims related to your Content, use of the Mobile Application or Services, or any misconduct on your part.
Severability
If any part of this Agreement is deemed invalid or unenforceable, the remaining provisions will continue to be in full force, and the Agreement will be interpreted to comply with applicable laws.
Dispute Resolution
This Agreement will be governed by the laws of Kerala, India. Any disputes will be resolved in the courts of Kerala, and you consent to their jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply, and you waive your right to a jury trial in related proceedings.
Changes and Amendments
We may update this Agreement or policies at any time, effective upon posting in the Mobile Application. Continued use of the app after updates means you accept the changes.
Acceptance of These Terms
By using the Mobile Application, you acknowledge that you have read and agree to the terms of this Agreement. If you don’t agree, you are not authorized to use the services.
Communication
You consent to receive communications from us via email, phone, SMS, or WhatsApp regarding your transactions. We may also send updates and newsletters to enhance your experience.
Privacy and Data Security
NAABFIT is dedicated to safeguarding your privacy. All data collected through our services will be managed according to NAABFIT’s Privacy Policy. While NAABFIT will take reasonable measures to protect your personal data, we cannot guarantee complete security of information transmitted over the internet or stored electronically.
User Responsibility
You are responsible for using NAABFIT’s services and devices correctly, as outlined in the instructions provided. You agree to regularly check the equipment or services for any signs of malfunction and to immediately stop using them if any issues are detected.
Modifications to the Terms
NAABFIT reserves the right to update or modify these Terms at any time. Any such changes will become effective immediately upon being posted on NAABFIT’s website or app. Your continued use of NAABFIT’s services after the updates are posted indicates your acceptance of the revised Terms.
Getting in Touch
If you have any questions or concerns regarding this Agreement, please don’t hesitate to reach out to us.