Terms of Service and Refund Policy

 

Updated as of 18th August 2025

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY (IN PARTICULAR, SECTION 6 “PAYMENTS AND REFUNDS”) BEFORE COMPLETING A PURCHASE.

Right after payment, you will instantly access your plan. Please, follow the instructions after payment.

  1. LEGALLY BINDING AGREEMENT; AMENDMENTS

1.1. Kirti Thakur Fitness as a service and the content available via our mobile app is developed, operated, and distributed by Kirti Thakur Fitness LLC, a legal entity incorporated under the laws of the Faridabad,Haryana, India, having its registered office at 504, Shubh Apartments, Sector-21D, Faridabad, Haryana (“we” “us” “our” or the “Company”). The service delivered, the content, tools, and transactions available by using the Kirti Thakur Fitness, are collectively referred to as the “Service”.

1.2. Your access and use of the Service constitute your agreement to be bound by these Terms of Service (the “Terms”), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

1.3. Supplemental terms, policies, or documents that may be posted at the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

1.4. We will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change.

1.5. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.

1.6. THESE TERMS CONTAIN DISCLAIMERS (SECTIONS 2 AND 14), LIMITATION OF LIABILITY (SECTION 15), AND PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF THE FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 11, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 11.

  1. IMPORTANT DISCLAIMERS

2.1. THE COMPANY DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE, OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS, OR WELLNESS OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, “HEALTHCARE SERVICES”).

2.2. THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH AND FITNESS GOALS. YOU ACKNOWLEDGE THAT YOUR EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE, AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.

2.3. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE, AND WELL-BEING, AS WELL AS THE HEALTH, LIVES, AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.

2.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS, (II) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

2.5. YOUR USE OF THE SERVICE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.

2.6. THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT FOOD RECIPES, EXERCISES, OR OTHER CONTENT ON THE SERVICE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE FOOD PRODUCTS, WHETHER ONLINE OR ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A FOOD PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.

2.7. WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON, AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.

2.8. EACH INDIVIDUAL’S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. THE USE OF THE SERVICE SHOULD BE BASED ON YOUR DUE DILIGENCE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE SERVICE.

2.9. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS ABOUT THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICE.

  1. USE OF SERVICE; AGE RESTRICTIONS

3.1. To use the Service, you must provide certain information about yourself.

3.2. If you use the Service, you represent and warrant to the Company that: (i) all required information you submit is truthful and accurate; (ii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.

3.3. The Service is not intended to be used by individuals under the age of 16. You hereby represent and warrant to the Company that you meet the foregoing qualification if and when required. All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms before you use the Service.

3.4. The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, with or without notice to you, if you breach these Terms.

3.5. By using the Service, you agree to receive certain communications, such as updates on the Service, texts via messaging apps like Whatsapp or a periodic e-mail newsletter from the Company. You can opt out of non-essential communications by unsubscribing from the email notification or leave the messaging groups/channel at your own accord (doing which will clearly indicate on your part that you do not wish to receive any updates in the future from the company).

3.6. The Service may be modified, updated, interrupted, or suspended at any time without notice to you or our liability.

  1. APP STORES; USER CONTENT and CUSTOMER SUPPORT

4.1. You acknowledge and agree that the availability of our app is dependent on the third party from which you received the App, e.g., the Apple App Store, and/or other app stores (collectively, "App Stores" and each, an "App Store").

4.2. You agree to pay all fees charged by the App Stores and us in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of these Terms and will have the right to enforce these Terms.

4.3. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by the Company to operate the Service (excluding any User Content, as defined below) is proprietary to us or third parties.

4.4. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

4.5. The information you submit to us, and any data, text and other material that you may submit or post to the Service (“User Content”) remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

4.6. You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service including but not limited to, reviews towards offered service (such as “Google reviews”), or transformation pictures and videos (before and after). Client hereby grants the Company an unlimited,  royalty-free, non-terminable, non-exclusive, irrevocable, perpetual-licensable, worldwide license to use, copy, reproduce, publish, adapt, modify, distribute, prepare derivative works based on, license, sell, offer for sale, transfer, publicly display, publicly perform, transmit, broadcast, and otherwise exploit and use Client Content, including any copyrights therein, without compensation, to Client for any purpose on any medium, whether print, digital or otherwise. The client will have the right to disagree when asked if the company can upload transformation pics with the face.

4.7. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes and (ii) and (b) install and use the App, solely on your handheld mobile device (e.g., iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.

4.8. You agree, represent, and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your violations of any such laws.

4.9. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

4.10. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of the Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

4.11. Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

4.12. The coaching team obeys a turn around time on all the messages within 24-48 hours (excluding Saturdays and Sundays).

4.13. If you have opted for the “100-Day Consistency Challenge”, you will be entitled to community (group) chat support and weekly office hour calls with your assigned coach (you will be required to book the call in advance).

4.14. If you have opted for the “90-Day Your Best Body Bootcamp 1-1 Program”, you will be entitled to 1-1 In-App chat support, weekly check-in replies, and two 15 min 1-1 calls (the company’s preferred mode of calls is Zoom) per calendar month (the calls will require to be booked in advance).

4.15. The Company shall provide customer support only during the business days as mentioned, however, any communication over and above that is completely at the company’s/coach’s sole discretion.

4.16. You understand that the modes of communication are ever-evolving and the company will reserve the right to suspend/change any mode of communication depending upon the suitability of the same towards customer service and/or business requirements.

4.17.⁠ ⁠BE HER BODY PROGRAM TERMS

 

4.17.1 The Be Her Body program is a high-accountability coaching offer under Kirti Thakur Fitness, designed to deliver transformational results through structured support, daily non-negotiables, and consistent client-coach collaboration.

 

4.17.2 This program is structured with a “coaching until results” promise, which requires top-tier commitment from the client. To protect the integrity of this promise and ensure results, the following conditions must be upheld:

 

Client Commitments Required:

  •   Check-in Attendance

All scheduled check-ins (weekly or otherwise) must be attended. Exceptions will be considered for emergencies only, and supporting documentation will be required.

  •   Task Completion

Any task assigned during a check-in or coaching call must be completed within the agreed timeframe. A maximum of 2 instances of task non-completion will be allowed throughout the duration of the program.

  •   Tracking Daily Non-Negotiables

Clients must track their assigned non-negotiables (e.g., water, protein, steps, workouts, etc.) as instructed. A maximum of 10 instances of untracked or uncompleted non-negotiables will be permitted.

 

Violation of Conditions:

  •   If any of the above commitments are breached within the first 3 months of the program, the Be Her Body coaching duration will be restricted to a maximum of 3 months from the date of enrollment.
  •   If any condition is breached after the 3-month mark, the program will be limited to 1 additional month from the date of breach, after which coaching services will conclude.

 

4.17.3. By enrolling in Be Her Body, you acknowledge that this is not a passive program, challenge, or downloadable plan. This is a results-driven coaching experience that requires consistent participation. Failure to uphold the above terms will void the “coaching until results” commitment, and Kirti Thakur Fitness will not be liable for any refunds or monetary claims related to early termination.

ADDENDUM: COACHING UNTIL RESULTS PROMISE

 

To uphold the integrity and effectiveness of the “coaching until results” promise, both the coach and the client must commit fully to the terms outlined below. These guidelines are put in place to ensure accountability, progress, and ongoing alignment throughout the coaching relationship.

 

Client Commitment Terms

 

By enrolling in this program, you agree to the following conditions:

  1.   Attendance & Presence
  •   You may not go inactive or unresponsive (MIA) for more than 14 consecutive days.
  •   Emergencies may be considered with valid supporting documentation (e.g., medical note).
  •   A maximum of 10 days of untracked or incomplete non-negotiables is allowed within every 4-week period.
  1.   Check-Ins & Accountability
  •   Bi-weekly check-ins are mandatory. Absence from check-ins will only be excused for emergencies with supporting documentation.
  •   You are required to update your progress tracking data (photos, measurements, and body weight) every 2 weeks via the coaching app.
  1.   Tracking Non-Negotiables
  •   You must track your agreed-upon non-negotiables (e.g., water intake, protein, steps, workouts). A maximum of 10 days of missed tracking is permitted per 4-week cycle.
  1.   Task Completion
  •   Any tasks assigned during check-ins or coaching calls (which will be documented) must be completed within the agreed timeframe. A maximum of 2 missed tasks is permitted per 4-week cycle.
  1.   Mental Engagement
  •   If you feel mentally checked out or stuck, you are expected to reach out via WhatsApp and book an unstuck call.

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Coach Commitment Terms

 

As your coach, I commit to the following responsibilities:

  1.   Communication & Support
  •   I will respond to your messages within 24–48 hours (Monday to Friday).
  •   If no activity is recorded for 3 consecutive days, I will reach out via a “shake-off” call.
  •   I will provide daily WhatsApp check-ins to help maintain momentum.
  1.   Customized Plans & Adjustments
  •   I will create tailored nutrition plans with your dietary preferences and allergies in mind (veg, non-veg, vegan, etc.).
  •   I will deliver a customized training plan suited to your preferences (home, gym, or hybrid), and aligned with any physical limitations.
  •   I will make all requested changes to your plan within 24–72 hours.
  1.   Check-Ins & Analysis
  •   Bi-weekly check-ins will be conducted to address your top challenge and help you move forward.
  •   Progress data (photos, measurements, body weight) will be reviewed bi-weekly and used to inform strategic adjustments.
  1.   Additional Support
  •   I will maintain detailed notes from all meetings, which will be shared with you for transparency and consistency.
  •   You are entitled to one unstuck call every 4 weeks upon request.
  •   I will provide a safe, honest space for growth—no sugar coating, only truth and support.
  •   I will actively listen to your feedback and evolve the program accordingly.

KT: TERMINATION, REFUNDS, & PROGRAM PAUSE POLICY

 

To maintain the highest level of integrity, commitment, and results in the coaching relationship, the following policies apply:

 

  1. Termination Policy
  •   Coach-Initiated Termination:

The coach reserves the right to terminate the coaching relationship if the client repeatedly fails to meet the required commitments listed under “Client Commitment Terms.” This includes but is not limited to:

  •   Going MIA for more than 2 weeks without communication.
  •   Repeatedly missing check-ins or habit tracking beyond the permitted thresholds.
  •   Disrespectful or inappropriate communication.
  •   Breach of any part of this agreement.

In such cases, no refund will be issued. Documentation will be provided to support the decision.

  •   Client-Initiated Termination:

If the client chooses to terminate the program early, no refunds will be issued, regardless of usage or progress made. This includes termination due to change of mind, personal schedule changes, or lack of motivation.

 

  1. Refund Policy

Due to the high level of customization, support, and digital delivery involved in this program:

  •   All sales are final. No refunds will be provided under any circumstances, including partial participation or dissatisfaction with results.
  •   Clients are expected to communicate challenges or dissatisfaction proactively, and coaching support will be offered to help course-correct wherever possible.

 

  1. Program Pause Policy
  •   Medical Emergencies:

Clients may request a program pause due to a medical emergency with official documentation (doctor’s note). In such cases, a hold of up to 30 days may be granted.

  •   Travel:

Clients may take up to 15 days off every 12 weeks without penalty by informing the coach in advance. These days will not count against their tracking obligations. However, the guaranteed results promise will be revoked if non-program days go beyond 15 days.

 

  •   Extended Hold Requests:

Any extended hold requests (e.g., extended travel, temporary burnout), clients may submit a written request. Approval is at the coach’s discretion, and only one extended hold (up to 30 days) is permitted during the program.

 

Note: During any approved pause, access to coaching calls, check-ins, and WhatsApp accountability will be temporarily suspended and resumed once the client re-engages.

 

Terms & Conditions – 6 Week Belly Cutter Challenge

 

By joining the 6 Week Belly Cutter Challenge (“Challenge”), you agree to the following terms and conditions:

1. Eligibility

  • Participants must be 18 years or older.

  • By enrolling, you confirm that you are in good physical and mental health to take part in fitness and nutrition programs.

  • If you have any medical condition, injury, or are on medication, you should consult your doctor before starting.

2. Program Details

  • The Challenge includes fitness, nutrition, and lifestyle guidance designed for fat loss and body transformation.

  • This is a personalized program and does not replace medical advice or treatment.

  • Results may vary based on individual commitment, health status, and lifestyle.

3. Disclaimer of Guarantees

  • While the program is designed to help participants lose 2–4 inches off the waist and reduce belly fat, individual results are not guaranteed.

  • Progress depends on your effort, consistency, and adherence to the plan.

4. Payments & Refunds

  • Challenge fees must be paid in full before participation.

  • All fees are non-refundable and non-transferable, even if you withdraw before completing the program.

5. Participant Responsibilities

  • Follow the nutrition and workout guidance to the best of your ability.

  • Provide weekly bi-weekly check-ins (weight, measurements, photos, and feedback) as requested.

  • Inform the coach immediately if you experience pain, injury, or any health issues during the program.

6. Limitation of Liability

  • The coach/trainer will not be liable for any injury, illness, or other issues that may arise during or after the Challenge.

  • You participate at your own risk and responsibility.

7. Confidentiality & Usage of Content

  • Your personal data, photos, and progress will remain confidential unless you give written consent to share for marketing/testimonial purposes.

  • By joining, you agree not to copy, resell, or distribute program materials.

8. Challenge Winner 

  • If the Challenge includes a winner selection, the decision will be based on visible transformation-

      • Compare before & after photos, measurements, and weight loss.

      • Winner = person with the most noticeable transformation in body shape.

     

  • The coach’s decision is final and binding.

9. Agreement

 

By enrolling in the Challenge, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.

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  1. USER REPRESENTATIONS

5.1. By using the Service, you represent and warrant that:

5.1.1. you have the legal capacity and you agree to comply with these Terms;

5.1.2. you are of legal age as established by your respective state or country of residence;

5.1.3. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service;

5.1.4. you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;

5.1.5. you will not use the Service for any illegal or unauthorized purpose;

5.1.6. Your use of the Service will not violate any applicable law or regulation.

5.1.7. You own all rights, including intellectual property rights, to your User Content, and your User Content does not infringe the intellectual property rights, privacy rights, and other legal rights of third parties.

5.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any current or future use of the Service (or any portion thereof).

5.3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

5.4. As a user of the Service, you agree not to:

5.4.1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

5.4.2. make any unauthorized use of the Service;

5.4.3. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;

5.4.4. use the Service for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

5.4.5. make the Service available over a network or other environmental permitting access or use by multiple devices or users at the same time;

5.4.6. use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;

5.4.7. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;

5.4.8. circumvent, disable, or otherwise interfere with security-related features of the Service;

5.4.9. engage in unauthorized framing of or linking to the Service;

5.4.10. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;

5.4.11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;

5.4.12. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;

5.4.13. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

5.4.14. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;

5.4.15. use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;

5.4.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;

5.4.17. use the Service in a manner inconsistent with any applicable laws or regulations; or

5.4.18. otherwise, infringe these Terms.

  1. PAYMENTS, REFUNDS, MONEY-BACK GUARANTEE, AND MEMBERSHIP FREEZING

6.1. Certain features of the Service may be offered for a fee. You can make a purchase directly from the Company (through Stripe/Paypal/Razorpay/UPI/Bank Transfer) or through an App Store (the “Purchase”).

6.2. To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on the Service or by sending you an email notification.

6.3. You authorize us and the App Stores to charge the applicable fees to the payment method that you submit.

6.4. Our Service may offer subscriptions that automatically renew. Unless you cancel your subscription before the end of the subscription period, you authorize us to charge you for the renewal term. The terms of the auto-renewal and cancellation procedure will be disclosed to you on the Service.

6.5. Our Service may offer trial subscriptions that provide access to the Service for a limited period and auto-renew unless you cancel before the end of the trial period. The terms of the auto-renewal and cancellation procedure will be disclosed to you on the Service.

6.6. We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple trials.

6.7. Purchase within the Service can be performed by using any acceptable payment method accepted by the Service.

6.9. To the extent permitted by applicable law, purchases made via our web pages/application are non-refundable and/or non-exchangeable, unless otherwise stated herein or is required by applicable law. Note for the EU residents: If you are an EU resident, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU AT THIS MOMENT EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund, unless the digital content is defective.

6.10. By making the payment through our 3rd party partner (eg. stripe/PayPal/Razorpay), you by default agree to their terms and policies mentioned on the payment page.

6.11. By continuing with your purchase, you irrevocably agree and accept in any foreseeable or unforeseeable condition, that you forfeit the rights to any refunds whatsoever.

6.12. Considering the subscription model (if applicable) and applicability of the training programs provided by Kirti Thakur Fitness out of the standardized circumstances as well, you hereby agree that there will be no freezing of the subscription allowed in whatsoever foreseen or unforeseen circumstances.

6.13. In the event of non-payment of the balance installments (if pay by installments was chosen) on the due date as mentioned initially via Email/WhatsApp/Instagram, the paid amount shall be considered utilized, and the subscription from the training app will be revoked immediately post the due date (at 2400 hours GST of the due date).

6.14. If an offer was availed by the client for early renewal (while a subscription was already active) and the payment mode selected was installments, the amount paid till the due date of the unpaid installment shall be considered utilized as per the standard pricing of the program, hence resulting in the reduction of the duration of the overall program accordingly.

6.15. In the case, where the client wants to pay the installment amount post the due date (including early renewal), it needs to be done within 30 calendar days of the due date missed (or at the sole discretion of Team Kirti Thakur Fitness), and the missed installment shall be collected with a 10% extra amount of the installment to reinstate the complete offer, and in case the payment is not made within the 30 calendar day period from the missed due date, the program shall be reduced as stated in 6.14.

6.16. Post 30 calendar days of the missed installment (not including the case of early renewal), the company reserves the right to terminate the subscription without any intimation.

6.17. We only give a 100% money-back guarantee to you, however, the guarantee is revoked immediately if the following conditions are not met -

  1. You will need to complete at least 90% of the workouts.
  2. You will need to follow 90% of the nutrition plan as agreed.
  3. You'll track your nutrition calories and macronutrients on a daily basis.
  4. You’ll track your workouts on the training application provided to you on a daily basis.
  5. You’ll have a minimum of 80% show-up rate on the weekly calls in the case of a group program, and a 100% show-up rate on the 1-1 calls in the case of a 1-1 program.
  6. In the case of a 1-1 program, the check-in form must be filled out each week.

6.18. Freezing of the membership in general conditions shall be as per the following:

  1. For 90 days (3 months) of membership, a maximum of 10 days of freezing is by default included and can be availed at any time.
  2. For 180 days (6 months) of membership, a maximum of 30 days of freezing is by default included and can be availed at any time.
  3. For 365 days (12 months) of membership, a maximum of 60 days of freezing is by default included and can be availed at any time.

6.19. If the client got an offer for the membership with extended months or an extra discount on the original pricing, there will be no freezing of the membership application by default.

6.20. In the case of a medical emergency, the client must provide with sufficient documentation for the prolonged requirement of recovery to get an extra freezing period over and above mentioned in 6.17. The extra period of freezing shall not exceed a maximum of 1 calendar month applicable for all the memberships.

6.21. In the event of producing the diagnosis, but not being able to produce sufficient documentation citing the recovery period required, the extra freezing period approved over and above mentioned in 6.17 shall be at most 15 calendar days.

6.22. In the event of not being able to provide any documentation, the client shall not be entitled to any extra freezing period above the already mentioned freezing period in 6.17.

6.23. Any exceptions to 6.20, 6.21, and 6.22 will be made at the sole discretion of Team Kirti Thakur Fitness.

 

  1. USER DATA

7.1. We care about data privacy and security. Please review our Privacy Policy. It contains information that you should review before using the Service.

7.2. By using the Service, you agree to be bound by the Privacy Policy, which is incorporated into these Terms.

  1. TERM AND TERMINATION

8.1. These Terms shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE, WITHOUT WARNING, AT OUR SOLE DISCRETION.

8.2. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress regarding your activities during the time you used the Service for which you may be held liable, even after any expiration or termination of these Terms within the limitation period in applicable laws.

  1. MODIFICATIONS AND INTERRUPTIONS

9.1. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. As the coaching service is carried out by a team of coaches including Kirti Thakur, we reserve the right to add/suspend new coaches and/or assign new or different coaches to you for a particular duration or the complete duration of your coaching program.

9.2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

9.3. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.

9.4. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.

9.5. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

  1. GOVERNING LAW

10.1. The laws of FARIDABAD, Haryana, India, excluding its conflicts of law principles, govern these Terms and your use of the Service.

10.2. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of Haryana, India.

10.2.1 and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.

  1. CORRECTIONS

11.1. There may be information at the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at the Service at any time, without prior notice.

  1. DISCLAIMER

12.1. THE SERVICE, THE MATERIALS ON THE SERVICE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S MATERIALS OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS WE USE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

12.3. THE INFORMATION ON THE SERVICE OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER WE NOR USERS OF THE SERVICE ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. WE ENCOURAGE YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS, DIETS DESCRIBED IN THE MEAL PLAN, AND ARTICLES ON THE SERVICE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED IN THE SERVICE.

12.4. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION WHETHER SPOKEN OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

12.5. WAIVER OF CONSEQUENTIAL DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, HOWEVER, CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES?

  1. LIMITATION OF LIABILITIES

13.1. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH THESE TERMS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD BEFORE ANY CAUSE OF ACTION ARISING OR 100.

13.3. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING

13.4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. INDEMNIFICATION

14.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) use of the Service; (2) breach of these Terms; (3) any breach of your representations and warranties outlined in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

14.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

15.1. Using the Service, sending us emails, and completing online forms constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and at the Service, satisfy any legal requirement that such communication be in writing.

15.2. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE.

15.3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. MISCELLANEOUS

16.1. These Terms and any policies or operating rules posted by us at the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

16.2. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Service.

16.3. We may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of our rights and obligations under the Terms (unless otherwise expressly indicated).

16.4. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

16.5. You agree to any further updates/omissions/exclusions to this agreement unconditionally, and the company shall inform you of any such updates/omissions/exclusions via email from time to time as applicable.

  1. PRIZE WINNERS (Only if applicable for eg. in cases of challenges or competitions)

17.1. The prize winners will be decided as on the overall performance, consistency, and results.

17.2. The winners will be decided at the sole discretion of the Kirti Thakur Fitness LLC coaching team.

  1. CONTACT DETAILS

If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: [email protected] or +91-8091660317.