Terms and Conditions

Welcome to Culnity! These Terms and Conditions constitute a legally binding agreement between you and Culnity. By accessing or using our mobile application, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with any part of these terms, please discontinue use of the application immediately.

This document is an electronic record under the Information Technology Act, 2000, and rules thereunder. This electronic record is computer-generated and does not require physical or digital signatures.

1. ABOUT THE CULNITY PLATFORM

The Platform

Culnity operates a comprehensive fitness and wellness platform accessible through our mobile application ('Application') and associated digital services (collectively, the 'Platform'). The Platform is owned and operated by Daivtech Solutions Pvt Ltd, a company incorporated under the laws of India with its registered office at 7, YNOT Towers, Sri Sangara Nagar, near KCT Tech Park, Saravanampatti, Coimbatore, Tamil Nadu 641035

Our Services

Through the Platform, we provide users with access to:

• Multiple gym and fitness center access across partner locations
• Fitness class bookings and scheduling
• Personalized workout plans and training programs
• Nutrition guidance and wellness consultation services
• Progress tracking and fitness analytics
• Digital fitness content including workout videos and wellness articles
• Merchandise and fitness product marketplace

2. KEY DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:

3. USER ELIGIBILITY AND REGISTRATION

Age and Legal Capacity

To use the Culnity Platform, you must be at least 18 years of age and possess the legal capacity to enter into binding contracts under the Indian Contract Act, 1872. Persons who are legally incompetent to contract, including minors, undischarged insolvents, or individuals of unsound mind, are prohibited from using the Platform.

Account Creation Process

Registration on the Platform requires the following steps:

1. Download and install the Culnity mobile application
2. Provide your mobile number for verification via OTP
3. Complete your profile with accurate personal information
4. Accept these Terms and Conditions and our Privacy Policy
5. Select and subscribe to a Membership Plan (if applicable)

Account Security and Responsibilities

You are solely responsible for maintaining the confidentiality of your User Account credentials. All activities conducted through your account will be deemed to have been authorized by you. You must immediately notify Culnity of any unauthorized access or security breach. We reserve the right to suspend or terminate accounts suspected of unauthorized use or security compromise.

Information Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information promptly when changes occur. Provision of false, inaccurate, or misleading information may result in immediate account suspension or termination without prior notice.

4. MEMBERSHIP PLANS AND SERVICE ACCESS

Membership Types

Culnity offers various membership plans designed to accommodate different fitness needs and preferences. Each plan provides specific access rights, benefits, and limitations as detailed in the plan description at the time of subscription. Plan features, pricing, and terms are subject to change, and users will be notified of material changes.

Gym and Facility Access

Membership grants you access to Partner Facilities within the Culnity network, subject to the specific terms of your chosen plan. Access may include limitations on visit frequency, time slots, or specific facility types. The availability of Partner Facilities is dynamic and subject to change. Culnity is not liable if a Partner Facility temporarily or permanently ceases operations or is removed from the network.

Booking and Check-in Procedures

To use Partner Facilities, you must:

• Book sessions through the Culnity app in advance
• Check in using the app upon arrival at the facility
• Comply with facility-specific rules and regulations
• Respect cancellation windows to avoid penalties

Digital Fitness Content

Certain membership plans include access to digital fitness content such as workout videos, training programs, wellness articles, and nutrition guides. This content is provided for personal, non-commercial use only and may not be reproduced, distributed, or publicly displayed without authorization.

Nutrition and Wellness Services

When applicable to your membership, you may access nutrition consultation and wellness coaching services from qualified Third-Party Service Providers. These services are advisory in nature and do not constitute medical advice, diagnosis, or treatment. You should consult licensed medical professionals for health-related decisions.

5. PAYMENT TERMS AND BILLING

Subscription Fees

Access to Culnity Services requires payment of applicable subscription fees as specified in your chosen Membership Plan. All fees are stated in Indian Rupees (INR) and are inclusive of applicable taxes unless otherwise specified. Prices are subject to change with reasonable notice to users.

Accepted Payment Methods

Culnity accepts the following payment methods:

• Credit and debit cards (Visa, Mastercard, RuPay, American Express)
• Net banking from authorized Indian banks
• Unified Payments Interface (UPI)
• Digital wallets and authorized payment gateways

Payment Processing

Payments are processed through third-party payment gateways authorized by the Reserve Bank of India. Culnity does not store complete payment card information. While we implement security measures, we are not liable for issues arising from payment gateway operations, including transaction failures, unauthorized charges, or bank-related problems.

Refund Policy

All subscription fees paid to Culnity are non-refundable except as expressly required by law. We do not provide refunds for partial use of membership periods, dissatisfaction with services, or changes in personal circumstances. This policy applies regardless of usage frequency or service availability.

Renewal and Cancellation

Unless cancelled before the renewal date, memberships automatically renew at the then-current subscription rate. You may cancel your membership through the app settings, with cancellation taking effect at the end of the current billing period. No partial refunds will be provided for cancelled memberships.

6. USER CONDUCT AND PROHIBITED ACTIVITIES

Expected Conduct

As a Culnity user, you agree to conduct yourself professionally and respectfully when using the Platform, visiting Partner Facilities, and interacting with staff, trainers, other users, and Third-Party Service Providers. You must comply with all facility rules, safety guidelines, and applicable laws.

Prohibited Activities

Users are strictly prohibited from:

• Sharing, transferring, or selling account access to others
• Attempting to circumvent booking limits or membership restrictions
• Posting false reviews, feedback, or misleading information
• Engaging in harassment, discrimination, or abusive behavior
• Uploading or transmitting viruses, malware, or harmful code
• Reverse engineering, scraping, or unauthorized data extraction
• Infringing intellectual property rights of Culnity or third parties
• Using the Platform for illegal purposes or fraudulent activities
• Attempting unauthorized access to systems, networks, or user accounts
• Impersonating other users, staff, or representatives of Culnity

Consequences of Violations

Violation of these conduct standards may result in immediate account suspension or termination without refund. Culnity reserves the right to report illegal activities to appropriate law enforcement authorities and to pursue legal remedies for damages caused by user misconduct.

7. THIRD-PARTY SERVICES AND RELATIONSHIPS

Independent Contractors

Partner Facilities, fitness trainers, nutritionists, wellness coaches, and other service providers accessible through Culnity are independent contractors, not employees or agents of Culnity. We facilitate connections between users and these providers but do not control their operations, services, or conduct.

Limited Verification

While Culnity establishes partnership criteria, we do not comprehensively verify the qualifications, certifications, licenses, or backgrounds of all Third-Party Service Providers. Users are responsible for independently verifying credentials and assessing the suitability of any service provider before engaging their services.

Disclaimer of Liability

Culnity makes no warranties or representations regarding the quality, safety, legality, or suitability of services provided by Third-Party Service Providers. Your interactions with these providers constitute separate bilateral agreements. Culnity shall not be liable for any disputes, damages, injuries, losses, or claims arising from these relationships or the services provided.

Facility-Specific Terms

Partner Facilities may impose additional terms, rules, and policies governing access and use of their premises. By visiting a Partner Facility, you agree to comply with their requirements. Culnity is not responsible for enforcing facility-specific policies or resolving disputes between users and facilities.

8. HEALTH, SAFETY, AND MEDICAL DISCLAIMERS

Assumption of Risk

Physical fitness activities, exercise programs, and sports activities inherently carry risks of injury, illness, or other adverse outcomes. By participating in fitness activities through Culnity Services, you acknowledge these risks and voluntarily assume full responsibility for any injuries, damages, or losses that may result from your participation.

Medical Consultation Required

Before beginning any fitness program, exercise routine, or nutrition plan accessible through Culnity, you must consult with a qualified healthcare professional to ensure the activities are appropriate for your health status, medical conditions, and fitness level. You represent that you are physically and medically fit to participate in the activities you choose.

Not Medical Advice

Information, content, recommendations, and services provided through Culnity, including nutrition guidance, fitness plans, and wellness advice, are for informational and educational purposes only. They do not constitute medical advice, diagnosis, or treatment and should not be relied upon as a substitute for professional medical consultation.

Emergency Medical Care

Culnity does not provide emergency medical services. In the event of injury, medical emergency, or health concern, immediately seek appropriate medical attention. Partner Facilities and Third-Party Service Providers are responsible for maintaining emergency response protocols at their locations.

Personal Responsibility

You are solely responsible for monitoring your physical condition during exercise, recognizing your limitations, and modifying or ceasing activities that cause discomfort, pain, or distress. You must inform trainers and facility staff of any medical conditions, injuries, or limitations that may affect your ability to safely participate in activities.

9. INTELLECTUAL PROPERTY RIGHTS

Ownership of Platform Content

All intellectual property rights in the Culnity Platform, including trademarks, service marks, logos, trade names, software, source code, databases, designs, graphics, text, audio, video, interfaces, and all other content, are owned by Culnity or its licensors and are protected under Indian and international intellectual property laws.

Limited License to Users

Subject to your compliance with these Terms, Culnity grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes. This license does not include any right to reproduce, distribute, modify, create derivative works, publicly display, sell, or otherwise exploit Platform content without express written permission.

User-Generated Content

When you submit reviews, feedback, photographs, videos, or other content to the Platform, you grant Culnity a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and display such content for business purposes. You represent that you own or have the necessary rights to any content you submit.

Trademark Usage

The Culnity name, logo, and associated trademarks are proprietary marks of the Company. Users may not use, reproduce, or display these marks without prior written authorization. Any unauthorized use may constitute trademark of infringement and unfair competition in violation of applicable laws.

10. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our data practices as described in the Privacy Policy.

We collect various types of information, including personal data, health and fitness information, payment details, and device data. This information is used to provide Services, improve user experience, process transactions, and communicate with you about the Platform.

We implement industry-standard security measures to protect your information but cannot guarantee absolute security. You acknowledge that internet transmissions are never completely secure, and you provide information at your own risk. For complete details on our data practices, please review our Privacy Policy.

11. DISCLAIMERS OF WARRANTIES

12. LIMITATION OF LIABILITY

13. USER INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Culnity and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use or misuse of the Platform or Services; (b) your breach of these Terms or violation of applicable laws; (c) your violation of third-party rights, including intellectual property, privacy, or other proprietary rights; (d) any content you submit or transmit through the Platform; (e) any injuries or damages you suffer or cause during fitness activities; or (f) your interactions with Third-Party Service Providers or other users.

14. TERMINATION OF ACCESS

Termination by User

You may terminate your account at any time by following the account closure process in the app settings. Termination will be effective at the end of your current billing period, and you will retain access to Services until that time. No refunds will be provided for unused portions of your membership.

Termination by Culnity

Culnity reserves the right to suspend or terminate your account immediately, without prior notice or refund, for any reason including: violation of these Terms; providing false or misleading information; fraudulent or illegal activity; behavior that harms Culnity, other users, or third parties; failure to pay applicable fees; or extended periods of account inactivity.

Effects of Termination

Upon termination, your right to access and use the Platform immediately ceases. Culnity may delete your account data and content without liability. Provisions of these Terms that by their nature should survive termination, including disclaimers, limitations of liability, indemnification, and dispute resolution, shall remain in effect after termination.

15. DISPUTE RESOLUTION AND GOVERNING LAW

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Negotiation

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform, the parties agree to first attempt to resolve the matter through good faith negotiations for a period of sixty (60) days before pursuing formal dispute resolution.

Arbitration

If negotiations fail to resolve the dispute, any remaining controversy shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Coimbatore, Tamilnadu, India. The language of arbitration shall be English.

Jurisdiction

Subject to the arbitration clause above, the courts of Coimbatore, Tamilnadu, India shall have exclusive jurisdiction over any legal proceedings arising from these Terms or your use of the Platform.

16. GENERAL PROVISIONS

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Culnity regarding the Platform and Services, superseding all prior agreements, understandings, and communications.

Amendments

Culnity reserves the right to modify these Terms at any time. Material changes will be communicated through the app or via email. Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Culnity's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Force Majeure

Culnity shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without Culnity's prior written consent. Culnity may freely assign these Terms. Any attempted assignment in violation of this provision shall be void.

No Partnership

No joint venture, partnership, employment, or agency relationship exists between you and Culnity as a result of these Terms or your use of the Platform.

17. CONTACT INFORMATION

If you have any questions, concerns, or requests regarding these Terms or the Platform, please contact: