Terms of Service

1. DEFINITIONS:

• Affiliate: means, for a Party, any other entity that controls, is controlled by, or under common control with, the Party.
• Executable Code: means fully compiled version of the Software that can be executed by a computer or otherwise in accordance with the Specifications for the Software and used by the end user.
• Intellectual Property Rights: includes all intellectual property rights worldwide arising under statutory or common law or arising by contract acquired, including all trademark, copyrights, patent, trade secret, moral rights or any other similar rights and privileges relating to intangible property.
• Personnel: means the person hired by the parties for execution of the work as specified in the scope of work in this agreement.
• Scope of Work: (SOW) means a description of Services to be performed by the Company.
• Statement of Work: means a written statement executed between the company and its users either in electronic form or in physical hard copy.
• Source Materials: means the complete source code from which the Software is compiled. Source Materials shall include the fully commented source code and internal system documentation for the Software, as well as all other materials, in both machine-readable and hard-copy form, which are used to develop or test the Software.
• Xyberia Technologies Private Limited, XTPL, Company: means Xyberia Technologies Private Limited, a company registered under The Companies Act, 2013 having registered office at A-369, Triveni Nagar, Gopalpura Bypass, Durgapura, Jaipur – (Raj.) - 302018.

2. REGISTRATION REQUIREMENTS:

To access certain Services, Users must complete the registration process, which includes providing accurate and complete information, maintaining its accuracy, and updating it as necessary. By registering, you affirm that:

• You are at least 18 years old.
• You possess the legal capacity to enter into a binding contract.
• You comply with all applicable laws and regulations.

3. MEMBERSHIP AND COMMUNICATION

• Upon registration, Users gain access to the Website/App’s content, features, and functionalities. By providing contact information, Users consent to receive service-related communications, updates, and promotional offers.
• Opt-Out Options: Users may opt out of promotional or non-essential communications by notifying the Company. However, opting out may restrict access to updates and features critical to Service functionality.
• Communication Channels: The Company may contact Users via email or phone for updates, advice, or Service enhancements. Users may opt out of such communications by contacting the Company at the specified email address.
• The Company reserves the right to refuse access to new Users or terminate existing accounts at any time without explanation. Access to Services is not available to individuals prohibited by law or previously barred by the Company.

4. PRIVACY

XTPL/FITBHAVA’s privacy policy governs the collection, storage, and use of user information. By using our website or services, you consent to the handling of your personal data as per the privacy policy. The company ensures compliance with applicable data protection laws and takes necessary precautions to protect user data.

5. INDEMNITY

You shall indemnify and hold harmless the company and the company’s parent, subsidiaries, affiliates, third-parties and their respective officers, partners, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.

6. INTELLECTUAL PROPERTY RIGHTS

• All intellectual property rights in the website, its content, software, and related materials are exclusively owned by XTPL. Users do not acquire any proprietary interest through their use of the website or services.
• Users may not reproduce, distribute, or modify content without prior written consent. Unauthorized use of trademarks, logos, or materials is strictly prohibited.
• In the event of an intellectual property dispute, the user must notify XTPL in writing and engage in good-faith discussions before initiating any legal proceedings.

7. LIMITED LIABILITY

You agree and acknowledge that in no event shall the company or its suppliers, affiliates, and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, the pay facility, or any other services under this agreement.

8. GRIEVANCE REDRESSAL PROCESS

In case of any grievance, objection or complaint on your part with respect to the website, you shall promptly raise such grievance or complaint with the designated grievance officer at founders@fitbhava.com and provide him with all necessary information and/or documents to enable the grievance officer to resolve the issue.

9. ARBITRATION

If any dispute arises between the user and the company during your use of the website or the pay facility or any service incidental to the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the company whose decision shall be final.

10. GOVERNING LAW

10.1 This agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the courts in Jaipur, Rajasthan, India shall have exclusive jurisdiction without any conflict of law.

10.2 Further, if investigation proves your involvement in cyber-attacks on our website, then you agree and acknowledge jurisdiction of adjudicating officer under Indian information technology act, 2000, state of Rajasthan for compensation of losses due to such cyber - attacks.

11. ASSIGNMENT

11.1. This agreement may not be assigned or sublet by the subscriber without the prior written consent of us.

12. WAIVER

12.1. Any failure or delay by either party to exercise any right, power, or privilege hereunder or to insist upon observance or performance by the other of the provisions of this Agreement shall not operate or be construed as waiver thereof.

13. FORCE MAJEURE

13.1. The company shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this agreement, if such failure, delay or omission arises from any cause beyond our control, including, but not limited to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out, and industrial disputes.

14. SEVERABILITY

14.1. The parties recognize the uncertainty of the law with respect to certain provisions of this agreement and expressly stipulate that this agreement will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this agreement are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this agreement or modified to make them enforceable, such provisions will be deleted from this agreement or modified so as to make them enforceable and the validity and enforceability of the remainder of such provisions and of this agreement will be unaffected.

15. SURVIVAL

15.1. Upon termination of this agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

16. Refund and Return Policy

16.1. We have a strict no return or refund policy. All purchases made through our platform are final and non-refundable.