Terms and Conditions of Use

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Member", "User", "you") and Multifit Wellis Pvt. Ltd. and/or its affiliates ("Multifit's Wellis", "Company", "we", "us", "our") governing your access to and use of the Multifit's Wellis mobile application ("Application" or "App"), its features, content, services, and wellness insights ("Services").

By downloading, installing, registering, or using the Application, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies incorporated herein by reference. If you do not agree to these Terms, please do not access or use the Application.

We reserve the right to update or modify these Terms at any time. Continued use of the Application following any such changes constitutes your acceptance of the revised Terms. We will notify you of material changes via in-app notification or email.

2. Eligibility

To use the Application, you must:

• Be at least 18 years of age, or have obtained verifiable parental/guardian consent if between 13 and 17 years of age.
• Be a resident of India or a country where the Application is legally available.
• Have the legal capacity to enter into a binding agreement under the Indian Contract Act, 1872.
• Not be barred from receiving our Services under applicable laws or regulations.

By using the Application, you represent and warrant that you meet all eligibility requirements listed above. Multifit's Wellis reserves the right to terminate your access if it is found that you do not meet these requirements.

3. Description of Services

The Multifit's Wellis Application is a digital wellness platform designed to support your overall health and fitness journey. The Services include, but are not limited to:

• Fitness and activity tracking, workout management, and exercise guidance
• Body composition analysis and biometric data collection (including BCA machine readings)
• Nutritional guidance and dietary habit tracking
• Mental wellness support tools and resources
• Personalised wellness insights, scores, and recommendations generated from your data
• Integration with wearable devices, Continuous Glucose Monitors (CGM), and health peripherals
• Access to virtual fitness classes and trainer-led sessions
• Marketplace for wellness products and services
• Teleconsultation scheduling with registered healthcare professionals (where available)
• Gamification features, reward points, and community engagement tools
• Corporate wellness programme management (where applicable)

All Services are provided on a best-effort basis and are subject to change, suspension, or discontinuation at our sole discretion, with or without prior notice.

4. Data Collection, Consent & Processing

4.1 Your Express Consent

By registering and using the Application, you provide your FREE, INFORMED, AND EXPLICIT CONSENT to Multifit's Wellis to collect, store, process, and use your personal and wellness data as described in these Terms and our Privacy Policy, in accordance with the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the Information Technology Act, 2000, and all applicable laws.

4.2 Categories of Data Collected

We collect the following categories of information:

(a) Personal Identifiable Information (PII):

• Full name, date of birth, gender, and profile photograph
• Contact information: email address, phone number, and address
• Government-issued ID details (where required for KYC or specific services)
• Account credentials and authentication data
• Payment and transaction information (processed securely through our payment gateway)

(b) Health & Biometric Data:

• Body measurements: weight, height, BMI, body fat percentage, muscle mass, visceral fat, and bone density (collected via BCA machine and manual input)
• Vital signs and physiological indicators as measured or reported
• Blood glucose levels and metabolic data (via CGM integration, where opted in)
• Facial biometric data (collected via Face Scan for identity verification and health risk assessment, with your explicit consent)
• Sleep patterns, stress indicators, and recovery metrics
• Heart rate and cardiovascular data from integrated wearable devices
• Medical history, existing conditions, allergies, and medications (voluntarily disclosed by you)

(c) Fitness & Activity Data:

• Exercise logs, workout history, and physical activity records
• Trainer session attendance, performance metrics, and progress milestones
• Virtual class participation and completion records
• Daily step counts, calories burned, and movement data

(d) Dietary & Nutritional Data:

• Food and nutrition logs, dietary preferences, and eating habits voluntarily entered by you
• Caloric intake estimates and macronutrient tracking data

(e) Device & Usage Data:

• Device identifiers, IP address, operating system, and app version
• Usage logs, session durations, feature interactions, and in-app behaviour
• Push notification preferences and communication settings
• Location data (only with your explicit permission, for gym check-in and nearby services)

4.3 Purpose of Data Processing

Your data is collected and processed for the following purposes:

• Creating and maintaining your personalised wellness profile and health dashboard
• Generating individualised wellness insights, risk scores, health trends, and recommendations
• Enabling trainer and healthcare professional oversight of your programme
• Powering gamification features, progress tracking, and reward computation
• Improving and personalising the Application's features, content, and services
• Providing customer support and responding to your queries and grievances
• Sending relevant wellness content, programme updates, and service communications
• Conducting analytics, research, and product development (in anonymised or aggregated form)
• Ensuring platform security, fraud prevention, and compliance with legal obligations
• Processing payments and managing subscription and service records
• Sharing relevant data with your assigned trainers, corporate wellness coordinators (if applicable), and healthcare professionals you book consultations with

4.4 Data Sharing

Multifit's Wellis does not sell your personal data to third parties. Your data may be shared only in the following circumstances:

• With your express consent, including with healthcare professionals for teleconsultation purposes
• With trusted third-party service providers who process data on our behalf under strict data processing agreements (e.g., cloud infrastructure, payment processors, analytics providers)
• With your employer/corporate account administrator (limited to aggregate or programme-level data only, unless you explicitly consent to individual data sharing)
• As required by applicable law, court order, or regulatory authority
• In the event of a merger, acquisition, or restructuring, with appropriate data protection commitments carried forward

4.5 Data Retention

Your personal and wellness data will be retained for the duration of your active membership and for a period of up to three (3) years thereafter, or as required by applicable law, for the purposes of legal compliance, dispute resolution, and service improvement. You may request deletion of your data by contacting us at wellis@multifit.co.in, subject to any overriding legal retention obligations.

4.6 Your Rights Under DPDP Act, 2023

As a Data Principal under the DPDP Act, you have the right to:

• Access a summary of your personal data held by us
• Correct inaccurate or incomplete personal data
• Withdraw consent at any time (subject to service continuity implications)
• Request erasure of your data, where legally permissible
• Nominate a representative to exercise these rights on your behalf
• Raise a complaint with the Data Protection Board of India

To exercise these rights, please contact our Grievance Officer at: wellis@multifit.co.in

5. Health, Wellness & Medical Disclaimer

5.1 Not Medical Advice

Multifit's Wellis is not a healthcare provider, medical institution, hospital, clinic, pharmacy, or licensed medical practitioner. Nothing in this Application establishes a doctor-patient, therapist-patient, or any other healthcare professional-patient relationship between Multifit's Wellis and you.

5.2 No Substitute for Professional Medical Advice

The wellness insights, health scores, nutritional guidance, exercise plans, risk assessments, CGM data interpretations, body composition analyses, and any other outputs generated by the Application are NOT a substitute for professional medical evaluation, diagnosis, or treatment.

You are expressly advised to:

• Consult a qualified and licensed medical doctor or healthcare professional BEFORE starting any new fitness programme, dietary change, or wellness intervention, particularly if you have any pre-existing medical conditions, disabilities, or are pregnant or nursing.
• Discuss any Application-generated insights or recommendations with your treating physician before acting on them.
• Seek immediate emergency medical attention if you experience any symptoms of a medical emergency, regardless of any Application output or recommendation.
• NOT rely on teleconsultation sessions booked through this Application as a replacement for in-person medical assessment where such assessment is warranted.
• NOT modify, discontinue, or supplement any prescribed medication or medical treatment based on Application content without consulting your doctor.

5.3 Limitation of Responsibility for Health Outcomes

• Your reliance on any Wellness Content generated by the Application
• Treating any Application insight, score, alert, or recommendation as medical advice
• Undertaking any physical exercise, dietary change, or wellness practice based on Application guidance without prior medical consultation
• Any inaccuracy, incompleteness, or technical error in data collected by or through the Application
• Device or sensor limitations in biometric data collection (including CGM, BCA machines, wearables, and face scan)
• Delay in seeking appropriate medical care due to reliance on Application outputs

5.4 Assumption of Risk

You acknowledge and agree that physical exercise and dietary changes carry inherent risks, including risk of physical injury, cardiovascular events, or adverse metabolic reactions. By using the Application, you voluntarily and knowingly assume all risks associated with physical activity and wellness interventions undertaken in connection with, or inspired by, the Application's content and recommendations.

You represent that you are in adequate physical condition to engage in the activities suggested by the Application or have obtained medical clearance to do so. Multifit's Wellis is not liable for any injury or health event that occurs during or as a result of activities recommended or facilitated by the Application.

5.5 Teleconsultation Disclaimer

Where the Application facilitates access to third-party healthcare professionals for virtual consultations, Multifit's Wellis acts solely as a scheduling and communication platform. Multifit's Wellis does not employ, supervise, control, or vouch for the advice, qualifications, licensure, or conduct of any healthcare professional accessible through the Application. All teleconsultation services are rendered independently by the respective healthcare professionals and subject to their own terms and applicable medical ethics guidelines.

Virtual consultations facilitated through the Application are intended for general health guidance only and do not constitute a comprehensive medical examination. Multifit's Wellis does not assume any liability for the advice, diagnosis, or treatment recommendations provided by any healthcare professional in such consultations.

5.6 Mental Wellness Content

Mental wellness tools, mood tracking, stress management resources, and any mental health content provided through the Application are general wellness aids only. They are not a substitute for professional psychiatric, psychological, or therapeutic intervention. If you are experiencing a mental health crisis or emergency, please contact a licensed mental health professional or the iCall helpline at 9152987821 immediately.

6. User Responsibilities

As a Member of the Multifit's Wellis Application, you agree to:

• Provide accurate, current, and complete information during registration and profile setup, and maintain the accuracy of such information.
• Disclose any relevant medical conditions, physical limitations, or contraindications to fitness activity when prompted or when reasonably relevant to your use of the Services.
• Use the Application solely for lawful, personal, and non-commercial purposes.
• Not share your account credentials with any third party or allow unauthorised access to your account.
• Not use the Application to upload or transmit harmful, defamatory, obscene, or unlawful content.
• Not attempt to reverse-engineer, decompile, tamper with, or interfere with the operation of the Application or its underlying systems.
• Exercise independent judgment before acting on any wellness insight or recommendation generated by the Application.
• Promptly notify us of any breach of security or unauthorised use of your account.

7. Intellectual Property

The Application, including its design, interface, content, software, algorithms, wellness models, logos, and all associated intellectual property, is owned by or licensed to Multifit's Wellis and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable Indian and international intellectual property laws.

Multifit's Wellis grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Application solely for personal, non-commercial purposes in accordance with these Terms. You may not reproduce, redistribute, sell, modify, or create derivative works from any Application content without our prior written consent.

Any wellness data, insights, or reports generated from your personal data remain your personal data; however, Multifit's Wellis retains a perpetual, royalty-free licence to use anonymised and aggregated versions of such data for research, product improvement, and service enhancement purposes.

8. Third-Party Services & Integrations

The Application may integrate with or link to third-party services, devices, and platforms (including but not limited to payment gateways, CGM vendors, wearable device platforms, telephony services, and health data providers). Such third-party services are governed by their own terms, conditions, and privacy policies.

Multifit's Wellis does not endorse, control, or assume responsibility for the accuracy, availability, or conduct of any third-party service. Your interactions with third-party services are at your own risk. Multifit's Wellis shall not be liable for any loss or damage arising from your use of or reliance on third-party services accessed through the Application.

9. Limitation of Liability

• Any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to your use of, or inability to use, the Application or its Services
• Any physical injury, illness, health deterioration, or medical complication arising from reliance on Wellness Content or actions taken based on Application outputs
• Any loss of data, revenue, profits, goodwill, or business opportunity
• Any errors, inaccuracies, or interruptions in data, insights, or services
• Unauthorised access to or alteration of your data, despite reasonable security measures
• Any damages arising from third-party services, devices, or integrations

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable Indian law, including liability for fraud or death or personal injury caused by gross negligence.

10. Indemnification

You agree to indemnify, defend, and hold harmless Multifit's Wellis and its directors, officers, employees, agents, affiliates, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Application or Services in violation of these Terms
• Your violation of any applicable law or regulation
• Your reliance on Application Wellness Content for medical decision-making contrary to the disclaimers in Section 5
• Any inaccurate or false information provided by you to Multifit's Wellis
• Any third-party claim arising from your conduct on or through the Application

11. Account Suspension & Termination

Multifit's Wellis reserves the right to suspend or permanently terminate your account and access to the Application, with or without prior notice, if:

• You breach any provision of these Terms
• We are required to do so by law or regulatory directive
• Your conduct is harmful to other users, Multifit's Wellis, or third parties
• Your account has been inactive for a period exceeding twenty-four (24) consecutive months

You may terminate your account at any time by contacting us at wellis@wellis.in. Upon termination, your right to use the Application ceases immediately. Data retention obligations post-termination are as described in Section 4.5.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of laws principles.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Application, the parties shall first attempt to resolve the matter amicably through good-faith negotiation. If the dispute is not resolved within thirty (30) days of written notice, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by mutual consent. The seat and venue of arbitration shall be Pune, Maharashtra, India. The language of arbitration shall be English.

For consumers, nothing in this clause limits your right to approach the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Multifit's Wellis with respect to the Application and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver

Failure by Multifit's Wellis to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in future instances.

13.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Multifit's Wellis may assign these Terms or any rights hereunder to a successor entity without restriction.

13.5 Force Majeure

Multifit's Wellis shall not be liable for any delay or failure in performance of the Application or Services resulting from causes beyond its reasonable control, including acts of God, pandemic, natural disaster, network failure, government action, or cyberattack.

14. Contact Us

For questions, concerns, or requests regarding these Terms or your data, please contact:

Our Grievance Officer shall acknowledge your complaint within 24 hours and endeavour to resolve it within 15 business days, in accordance with applicable law.