Terms of Service
Welcome to BalRheo. These Terms of Service ("Terms", "Agreement") constitute a legally binding contract between BalRheo Technologies ("Company", "BalRheo", "we", "us", or "our") and you ("User", "you", or "your").
These Terms govern your access to and use of the BalRheo Staff App, BalRheo Member App, web platforms, and associated software services (collectively, the "Services").
1. Eligibility & Age Restriction
- Age Requirement: You must be at least eighteen (18) years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872, to create an account and use the Services.
- Minors: Individuals under 18 years of age are strictly prohibited from creating independent accounts. If a physical gym permits minors on premises, such memberships must be provisioned and authorized under the supervision of a parent or legal guardian.
- Authority: If you register on behalf of a gym facility, corporate entity, or franchise, you represent and warrant that you possess full legal authority to bind that entity to these Terms.
2. User Accounts & Security
- Registration: You agree to provide true, accurate, and complete information during registration (including your verified mobile number) and to maintain updated profile data.
- Credential Confidentiality: You are solely responsible for maintaining the confidentiality of your account credentials, login passwords, and SMS One-Time Passwords (OTPs).
- Account Misuse: Any activity conducted under your account is your responsibility. You agree to notify BalRheo immediately at [email protected] upon discovering unauthorized access or security breaches.
- Single Identity: You may not impersonate any person, transfer your account, or maintain fraudulent duplicate accounts.
3. Nature of the Platform (Physical Gym vs. Digital Software)
B2B Software Intermediary: BalRheo provides software management infrastructure for independent gyms, fitness centers, and personal trainers. BalRheo is not a gym owner, operator, fitness club, or direct employer of gym staff.
Independent Gym Contracts: Any physical gym membership plan, class enrollment, personal training agreement, or facility access you purchase is an independent commercial transaction between you and the respective gym organization.
Facility Safety & Premises Disclaimer:
BalRheo exercises no control over, and assumes no liability for:
- The condition, cleanliness, or maintenance of physical gym equipment;
- The conduct, competence, qualifications, or certifications of gym owners, staff, or trainers;
- Physical injuries, accidents, thefts, or disputes occurring on physical gym premises.
Any disputes regarding physical gym facilities, membership cancellations, or cash refunds must be resolved directly with your gym facility management.
4. Health, Fitness & Medical Disclaimer (Assumption of Risk)
Not Medical Advice: The Services, workout routines, exercise video demonstrations, 1RM calculations, body composition metrics (including BMI), and diet recommendations are provided for informational and recreational tracking purposes only. The Services do not constitute medical, diagnostic, or clinical healthcare advice.
Consult a Physician: Physical exercise, weightlifting, and dietary modifications involve inherent risks of physical injury, cardiac strain, or metabolic changes. You are strongly advised to consult a qualified medical professional prior to commencing any exercise program.
Voluntary Assumption of Risk: To the maximum extent permitted by applicable law, you knowingly and voluntarily assume all risks associated with your participation in workouts, training sessions, and diet plans tracked through the platform.
5. Acceptable Use & Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- System Abuse: Attempting to probe, scan, or compromise platform security, reverse engineer backend APIs, or bypass rate-limiting controls.
- Attendance Fraud: Falsifying GPS coordinates, utilizing mock location emulators, tampering with device clocks, or sharing check-in QR codes to fabricate attendance records.
- Malicious Content: Uploading files containing malware, trojans, viruses, or corrupted media.
- Harassment & Defamation: Submitting abusive, vulgar, defamatory, obscene, or threatening content in trainer reviews, branch ratings, or complaints.
- Commercial Exploitation: Scraping, harvesting, or indexing platform member rosters, phone numbers, or analytics data without express written permission.
6. User-Generated Content & Moderation
- Ownership: You retain ownership of any text reviews, progress photos, ratings, or feedback you submit through the Services ("User Content").
- License Grant: By submitting User Content, you grant BalRheo a worldwide, royalty-free, non-exclusive license to store, display, format, and reproduce such content solely for the operational purposes of providing the Services.
- Content Standards: You represent that your User Content does not infringe any third-party intellectual property, privacy, or statutory rights.
- Moderation & Takedown: We reserve the right to review, flag, hide, or permanently remove any User Content that violates these Terms, Indian IT Rules (2021), or platform community guidelines.
7. Payments, Plans & Fees
Platform SaaS Fees (For Gym Organizations): Gym facilities pay software subscription fees to BalRheo as specified in their B2B subscription orders. All SaaS subscription fees are non-refundable once the billing period commences, except as required by law.
Gym Member Counter Payments: Membership plans purchased at brick-and-mortar gyms (via Cash, UPI, Card, or external POS) are collected directly by the gym organization. BalRheo does not act as an escrow agent or payment processor for counter payments. Refund policies for gym dues are governed entirely by the individual gym facility's membership agreement.
8. Account Termination & Deletion
- Termination by User: You may terminate your account at any time through the in-app deletion workflow (Settings → Account → Delete Account) or via email to [email protected].
- Termination by BalRheo: We reserve the right to suspend or terminate your account with immediate effect if you violate these Terms, engage in fraud, or fail security verifications.
- Effect of Termination: Upon termination, your right to access the Services ceases immediately. Data deletion is executed in accordance with Section 8 of our Privacy Policy.
9. Intellectual Property Rights
BalRheo Property: The BalRheo platform, underlying software code, database architecture, logos, UI designs, brand assets, and proprietary algorithms are the exclusive intellectual property of BalRheo Technologies and its licensors.
Limited License: We grant you a limited, revocable, non-exclusive, non-transferable license to download and use the mobile applications on your personal devices strictly for personal, non-commercial use.
10. Limitation of Liability
Exclusion of Consequential Damages: To the maximum extent permitted by applicable law, in no event shall BalRheo, its directors, officers, employees, affiliates, or agents be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data loss, business interruption, or personal physical injury) arising out of or related to your use of or inability to use the Services.
Aggregate Liability Cap: To the maximum extent permitted by applicable law, BalRheo's total aggregate liability arising out of or relating to these Terms or the Services shall be limited to the total amount paid by you to BalRheo for platform software access during the three (3) months immediately preceding the event giving rise to liability, or INR 1,000 (Indian Rupees One Thousand), whichever is greater.
Statutory Consumer Rights: Nothing in these Terms shall limit or exclude any statutory consumer rights that cannot be disclaimed under the Consumer Protection Act, 2019 or other mandatory Indian laws.
11. Indemnification
You agree to defend, indemnify, and hold harmless BalRheo, its affiliates, directors, officers, and employees from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of your violation of these Terms, misuse of the Services, or infringement of third-party rights.
12. Governing Law & Dispute Resolution
Governing Law: These Terms shall be governed by, construed, and enforced in accordance with the laws of the Republic of India.
Arbitration: In the event of any dispute, the parties shall first endeavor to resolve it amicably. If unresolved within thirty (30) days, the dispute shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 in India.
Court Jurisdiction: Subject to arbitration, the courts located in India shall have exclusive jurisdiction over any legal proceedings arising hereunder.
13. General Provisions
- Severability: If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be deemed severable without affecting the validity of the remaining provisions.
- No Waiver: No failure or delay by BalRheo in exercising any right under these Terms shall operate as a waiver.
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and BalRheo.