Terms and Conditions: SweatByte Owner app

1. Who can use the Owner app

You must be 18 or older and legally able to enter a contract in India. The app is for gym owners, personal trainers and their authorised staff. Accounts are created on the SweatByte website; the app does not offer sign-up. You must give correct details and keep them up to date.

2. What the Owner app is

The Owner app lets you run your gym or trainer business from your phone or tablet: members, memberships and plans, invoices and payments, attendance and door devices, workouts and nutrition plans, classes, leads, messages and notices, staff and payroll, reports and settings. Features available to you depend on your role, your plan and the payment settings you turn on. Some actions, such as buying a SweatByte plan online, open our website.

3. Your account, roles and staff

• Keep your password and sign-in methods secret. You are responsible for everything done under your account and your staff's accounts.
• Give each person only the role they need, one login per person, and remove people who leave. Tell us at once about any unauthorised use.
• A workspace owner can add staff and change roles. Owners must stay reachable: the last owner cannot be removed or delete their account while the workspace exists.

4. Plans, trial, prices and payments

New workspaces start with a free trial of the plan shown in the app. When it ends the workspace drops to the Free plan: you can still sign in and view everything, but adding or editing is paused until you subscribe. Plan prices, limits and what each plan includes are shown in the app (More, Subscription) and on our website, and may change for future periods with notice. Paid periods are charged in advance in Indian rupees, with applicable taxes, through our payment gateway. We do not see or store your card, UPI PIN or bank login.

Upgrades are credited for unused days of your current paid plan as shown in the quote before you pay. Renewals continue from the end of the current period. Refunds and cancellations follow the rules in our general Terms of Service (section 6) unless the law gives you more.

5. Payments you collect from members

When you use the app to record payments, issue invoices, share payment links or show your UPI id, the sale is between you and your member. You are responsible for the prices you charge, the taxes you owe (including GST, if registered), your invoices and your refunds. We provide the tools; we are not a party to your sale and do not hold your members' money unless a payment gateway you configured does so under its own terms. Check every invoice, tax rate and amount before you issue it.

6. Members' data: your responsibilities

You decide why and how you use your members', leads' and staff's personal data, so under the Digital Personal Data Protection Act, 2023 you are the Data Fiduciary for it and SweatByte is your Data Processor, acting only on your instructions. You agree to:

• tell your members clearly what you keep and why, and get their consent where the law needs it. Collect health, medical and biometric information (including door or fingerprint IDs and waiver or health-form answers) only where needed, with clear consent, and limit who can see it;
• add a person under 18 only with the recorded consent of a parent or legal guardian, and never use a child's data for tracking, behavioural monitoring or advertising;
• keep data accurate, delete what you no longer need, and respond to your members' requests to access, correct or erase their data;
• keep devices and accounts secure, and tell us at once about any suspected breach so we can help you meet your duty to report it to the Data Protection Board of India and the people affected;
• not export, copy or share member data except for running your business or as the law requires.

We will help with your members' requests, store data with the safeguards in our Owner Privacy Policy, use sub-processors only under written terms, and delete your workspace data when you delete the workspace (except what the law makes us keep, such as invoices).

7. Messages and promotions you send

You may send notices, notifications, emails, SMS or WhatsApp messages and run promotions only to people who can lawfully receive them, with accurate content, and in line with the rules of the channel (including the telecom commercial communications rules and WhatsApp's policies). Honour opt-outs. Messages are sent in your name and you are responsible for them. Do not send anything unlawful, misleading, hateful or spam.

8. Fitness, nutrition and health content

Workouts, diet and meal plans you create or generate, including with the Sweatbyte Nutritionist, are general guidance and not medical advice. You are responsible for checking them before giving them to a member, for screening members for health conditions, and for asking a doctor where that is appropriate. Plans for people under 18, pregnant or breastfeeding members, or people with medical conditions need special care. Nutritionist plans use nutrition credits, and the cost is shown before you generate one. Health details are sent to the AI provider only with the member's consent and without their name, phone or email.

9. Acceptable use

You agree not to:

• break the law or others' rights, or use the app for fraud, money laundering or to mislead members;
• upload unlawful, infringing or harmful content, or ads that mislead or target minors;
• try to access other workspaces or data you are not allowed to see, probe or disrupt our systems, or bypass limits and permissions;
• reverse engineer the app, scrape it, or resell access without our written consent;
• share your login or let anyone outside your business use your account.

10. Your content and our rights

Your members' data, your logo, notices, plans and other content stay yours. You give us permission to host, process and display them to run the service for you. The app, its design, code and the SweatByte name and brand belong to us or our licensors; you get a personal, non-exclusive, non-transferable licence to use the app while these terms apply. Our exercise library, foods, recipes and stick-figure animations may be used inside the app and with your members but not copied out in bulk.

11. Third-party services

The app works with services we do not control, such as Google sign-in, payment gateways, message providers, door and biometric devices (for example ZKTeco and Hikvision hardware), and app stores. Their terms and privacy practices apply to what they do, and we are not responsible for them.

12. Availability and changes

We aim to keep the service available but do not promise it will be uninterrupted or error free, and it needs an internet connection. Door and attendance data depend on your own devices and network. We may improve, change or retire features, and may update the app; if a change materially hurts you we will give notice. Keep your own backups of anything you cannot afford to lose, for example by using the reports and exports.

13. Suspension and ending

You can stop using the app at any time and delete your workspace in Settings. We may suspend or end access if you break these terms or the law, if payment fails after notice, or if we must by law. A suspended workspace is switched off for you, your staff and your members (including the public directory, enquiry form and invite links) until it is resolved. When a workspace is deleted its data is removed, except what the law makes us keep. Sections that by their nature continue (for example liability, indemnity and dispute resolution) survive.

14. Disclaimer

The app is provided "as is" and "as available". To the extent the law allows, we do not give warranties of fitness for a particular purpose, accuracy of calculations or reports, or that the app meets your tax, legal or regulatory obligations. You remain responsible for your own compliance.

15. Limit of liability

To the extent the law allows, we are not liable for indirect or consequential loss, loss of profit, revenue, goodwill or data, or for injury or loss suffered by your members at your premises or from your programs. Our total liability for any claim relating to the app is limited to the amount you paid us for the app in the three months before the claim. Nothing here limits liability that cannot be limited by law.

16. Indemnity

You will defend and compensate us for claims, losses and costs arising from your content, your breach of these terms or the law, your handling of your members' data, or the way you run your business, except to the extent we caused the loss.

17. Governing law and disputes

These terms are governed by the laws of India. Please first write to us at hello@sweatbyte.com and we will try to settle the matter within 30 days. If it is not settled, the dispute will be referred to a sole arbitrator appointed under the Arbitration and Conciliation Act, 1996. The seat is the city of our registered office, the language is English and the award is final. Subject to that, the courts at the city of our registered office have exclusive jurisdiction.

18. Grievance Officer

In line with the Information Technology (Intermediary Guidelines) Rules, 2021 and the DPDP Act, our Grievance Officer, can be reached at hello@sweatbyte.com. We acknowledge complaints within 48 hours and resolve them within one month.

19. General

These terms, the Owner Privacy Policy and, for the parts they cover, our Terms of Service and Privacy Policy are the whole agreement between us. If they conflict on the Owner app, these Owner terms come first. If a part is found invalid, the rest stays in force. Not enforcing a right is not a waiver. You may not transfer your rights without our consent. We may transfer ours to a successor of the business. We may update these terms, post the new version here with a new date, and ask you to agree again in the app if the change is significant.