SnowFit1. The agreement
These Terms are an agreement between you and [SnowFit Technologies Private Limited] ("SnowFit", "we", "us") for the SnowFit website, apps and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy.
If you sign up for a gym or other business, you confirm that you can bind that business. "You" and "Customer" then mean the business. You must be at least 18 years old.
2. Accounts
- Give accurate details and keep them up to date.
- Keep logins private. You're responsible for what happens under your account, including your staff's actions.
- Tell us at once at [support@thesnowfit.com] if you think someone has used your account without permission.
3. Free use, paid extras and billing
- Free to use: SnowFit is free for running your business, with no software fee and no card needed to sign up. The Service is not open source: we host, update and maintain it for you.
- Paid extras: some optional add-ons or upgrades may cost money. Each one shows its price on our website or in the app before you turn it on, and you're never charged for one you haven't chosen. Prices are in Indian rupees (₹) and exclude GST, which we add at the applicable rate.
- Billing: paid extras are charged in advance for each monthly or yearly period, through [Razorpay / Cashfree], and renew automatically until you cancel them.
- Changes: we'll tell you at least 30 days before a feature you use moves from free to paid, or before the price of a paid extra changes. A price change applies from your next renewal.
- Late payment: if a payment for a paid extra fails, we'll remind you. After [15] days unpaid, we may switch that extra off until payment is made. The free Service keeps working.
- Provider fees: payment partners charge their own fees on card and UPI payments your members make, and WhatsApp and SMS providers charge per message (section 6). We pass these on at cost and show them before you turn the feature on.
Payments your members make to your gym through SnowFit go to your gym's account with the payment partner. SnowFit does not hold those funds.
4. Cancellation and refunds
- You can stop using SnowFit, or cancel a paid extra, any time in the app or by emailing us. A paid extra stays active until the end of the period you've paid for.
- Monthly paid extras are not refunded for part of a month.
- Yearly paid extras cancelled within [14] days of payment get a full refund. After that, we don't give refunds for unused months.
- If you were charged by mistake, contact us within 30 days and we'll refund it within 7–10 working days, to the original payment method.
5. Acceptable use
You agree not to:
- break any law, or add data you have no right to use;
- send spam, or messages that are misleading, abusive or unlawful;
- try to break into, overload or reverse-engineer the Service, or get around its limits;
- resell or share the Service outside your business, unless we agree in writing.
6. WhatsApp, SMS and email messages
SnowFit can send reminders and offers to your members for you. You must:
- get your members' consent before messaging them, and stop when they opt out;
- follow Meta's WhatsApp Business Policy and India's TRAI rules for commercial SMS;
- keep message content accurate and lawful. You're responsible for what you send.
WhatsApp and SMS providers may charge per message, and may block numbers that break their rules. We pass on these charges at cost, as shown in the app before you send.
7. Your data
- You own it. Member records, payments, attendance and everything else you add stay yours.
- We process it only for you, to provide the Service, as our Privacy Policy explains. For your members' data, you are the Data Fiduciary under India's DPDP Act and we are your Data Processor.
- Your duties: you need a lawful basis, such as consent, to collect your members' data and add it to SnowFit, and you must answer your members' privacy requests. We'll help you do so.
- Export and deletion: you can export your data at any time. After your account closes, we delete it within [90] days.
8. Availability and support
We work hard to keep SnowFit available all day, every day, and we aim for [99.5%] uptime each month. We may need planned maintenance, which we'll try to schedule outside gym peak hours and announce in advance. Support is available by email and WhatsApp, [Monday to Saturday, 9 AM – 7 PM IST].
We may improve or change features. If we remove something important you pay for, we'll give you reasonable notice.
9. Intellectual property
SnowFit, its software, design and brand belong to us or our licensors. While you're a Customer in good standing, we give you a limited, non-exclusive, non-transferable right to use the Service for your business. If you send us feedback or ideas, we may use them freely.
10. Disclaimers and limitation of liability
- The Service is provided "as is". We don't promise it will be error-free, or that it will meet every business need.
- We're not liable for indirect or consequential losses, such as lost profits, revenue or data, as far as the law allows.
- Our total liability for any claim is limited to the fees you paid us in the 12 months before the claim.
- Nothing in these Terms limits liability that cannot be limited under Indian law.
You agree to compensate SnowFit for claims caused by your breach of these Terms, or by data or messages you sent without the right to do so.
11. Suspension and termination
You can stop using SnowFit at any time. We may suspend or close an account if fees stay unpaid, if the account breaks these Terms or the law, or if it puts others at risk. Where we can, we'll warn you first and give you a chance to fix the problem and export your data.
12. Governing law and disputes
These Terms are governed by the laws of India. If a dispute arises, we'll first try to settle it informally within 30 days. If that doesn't work, either side may refer it to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator, seated in [Kolkata], in English. Subject to this, the courts of [Kolkata] have exclusive jurisdiction.
13. General
- Changes: we may update these Terms. We'll tell you about important changes at least 30 days ahead. If you keep using the Service after that, you accept them.
- Events beyond our control: we're not responsible for delays caused by things like power or internet outages, natural disasters or government action.
- Whole agreement: these Terms, the Privacy Policy and any order form are the full agreement between us. If one part can't be enforced, the rest still applies.
- Transfer: you may not transfer these Terms without our consent. We may transfer them if our business is merged or sold.