Terms of Service

1.Acceptance of these Terms

You accept these Terms by any of the following: creating an Akhada account, signing in, using any part of the Service, or subscribing to a paid plan. Acceptance is by conduct — you do not need to sign anything.

If you use the Service on behalf of a gym, business, firm, or other organisation, you represent and warrant that you are authorised to bind that organisation, and "you" in these Terms means both you personally and that organisation, jointly and severally.

These Terms constitute an electronic record under the Information Technology Act, 2000 and do not require any physical or digital signature.

2.Definitions

• "Gym Account" — the workspace created for a single gym, together with all of its records.
• "Owner" — the person who creates a Gym Account and controls it. The Owner is our contracting counterparty for subscriptions.
• "Staff" — a person the Owner invites to operate the Gym Account with limited permissions.
• "Member" — a person enrolled at a gym whose details are recorded in the Gym Account, and who may sign in to view their own records.
• "Gym Data" — all data entered into or generated within a Gym Account, including member details, plans, payment entries, sales, staff records, training programmes, announcements, and photos.
• "Pro" — the paid subscription tier. "Free tier" — the unpaid tier, which is subject to usage limits we set and may change.

3.Eligibility

You may use the Service only if you are at least 18 years old and competent to contract under the Indian Contract Act, 1872. If you are not, you may not use the Service.

The Service is offered for use in India, with sign-in restricted to Indian (+91) mobile numbers, and pricing in Indian Rupees only. We make no representation that the Service is appropriate or available elsewhere, and you are responsible for compliance with your local law if you access it from outside India.

You may not use the Service if you are barred from doing so under any applicable law, or if we have previously terminated your account for breach.

4.Accounts and sign-in

Sign-in is by Indian mobile number and a one-time code sent by SMS. There is no password. Whoever controls the phone number controls the account.

• You must use a mobile number you lawfully control, and keep control of it. You may not sign in with someone else’s number, or a number you obtained without authority.
• You are responsible for everything done through your account, whether or not you did it, until you notify us that it has been compromised.
• If you surrender, port away, or lose your mobile number, tell us at once and update the number on your account. Indian telecom operators reallocate deactivated numbers; if you abandon a number, a later holder may be able to sign in as you. We are not liable for access obtained through a number you no longer control but did not tell us about.
• One person may hold roles at more than one gym under the same number. Access is always determined by the role a gym has granted, and never by anything you assert in the app.
• You may not share, sell, rent, or transfer an account, and you may not create an account by automated means.

We may refuse to create, or may reclaim, any account, and may require re-verification of your number at any time.

5.Roles, and the Owner’s responsibility

The Owner controls the Gym Account. The Owner decides who is invited as Staff, what Staff may do, which Members are enrolled, and what is recorded about them.

The Owner is responsible for the acts and omissions of its Staff within the Gym Account as if they were the Owner’s own, including for any misuse of Member data. The Owner must revoke access promptly when a Staff member leaves.

Staff must use the Gym Account only for the Owner’s legitimate gym operations, and must not copy, extract, or retain Gym Data for their own purposes or after their engagement ends.

Members may view only their own records. Attempting to obtain another Member’s records is a material breach of these Terms.

6.Gym Data, and your obligations as Data Fiduciary

As between you and us, Gym Data belongs to the gym. We claim no ownership of it. You grant us a limited, worldwide, royalty-free licence to host, store, transmit, back up, display, and otherwise process Gym Data solely to provide, secure, and support the Service, and for no other purpose.

Under the Digital Personal Data Protection Act, 2023, the gym is the Data Fiduciary for Gym Data about its Members and Staff, and Navaye acts as a Data Processor on the gym’s instructions. Accordingly, you represent, warrant, and undertake on a continuing basis that:

• You have obtained a valid, informed, specific, and freely given consent (or hold another lawful basis) from every individual whose personal data you enter, for exactly the purposes for which you enter it.
• You have given those individuals the notice the law requires, including telling them their data is processed in Akhada and how to exercise their rights.
• For anyone under 18, or anyone with a lawful guardian, you hold verifiable consent from the parent or guardian before entering any detail about them.
• You will honour access, correction, and erasure requests from your Members promptly, and will not use Akhada to frustrate them.
• You will not enter Aadhaar numbers, PAN, government identity documents, biometric data, health or medical records, or any sensitive data that Akhada does not provide a field for — including by typing it into free-text fields such as name, address, or announcement text.
• You will not use Gym Data for marketing to Members outside your own gym’s services, and will not share it with any third party through the Service.
• Everything you enter is accurate, lawfully obtained, and does not infringe anyone’s rights.

You indemnify us in full for any claim, penalty, or loss arising from a breach of this section. This is the single most important obligation in these Terms: we supply software, and you decide whose data goes into it.

You are responsible for keeping your own copies of records you are required by law to retain. Akhada is a management tool, not your statutory books of account, and is not a substitute for the records the Income-tax Act, GST law, or any other law requires you to maintain.

7.Free tier and Pro subscriptions

The Free tier is offered at no charge and is subject to usage limits, including limits on the number of active Members, which we may set, change, or withdraw at any time. Free-tier access may be modified or discontinued without liability.

Pro is a paid, auto-renewing subscription available to Owners, offered monthly or yearly at the prices displayed in the app at the time of purchase, inclusive of applicable taxes unless stated otherwise.

• Billing is by the store, not by us. Pro is sold and billed through the Apple App Store or Google Play, under their terms and their payment methods. We never receive your card, UPI, or bank details.
• Auto-renewal. Your subscription renews automatically for the same period at the then-current price, and is charged to your store account within 24 hours before the current period ends, unless you cancel at least 24 hours before that.
• Cancelling. Cancel any time from your Apple ID or Google Play subscription settings, reachable from Settings inside the app. Cancellation stops the next renewal; it does not shorten or refund the period you have already paid for. Pro features remain available until the paid period ends.
• Price changes. We may change prices. A change applies from your next renewal, and only after the store has given you the notice and, where required, obtained the consent its rules demand. If you do not accept the new price, cancel before renewal.
• Entitlement. Pro attaches to the Gym Account, not to a device. If a payment is reversed, charged back, or refunded by the store, or if the store reports the subscription as expired or in billing retry, we may downgrade the Gym Account to the Free tier immediately.
• Store delays. Subscription status reaches us through the store and our subscription provider, and can take time to propagate. Short delays in activating or deactivating Pro are normal and are not a breach of these Terms.

8.No refunds

All payments are final. We do not offer refunds, credits, or pro-rata adjustments for any part of a subscription period, including where you cancel mid-period, stop using the Service, are suspended or terminated for breach, or lose access because of a downgrade to the Free tier.

Because Apple and Google are the merchants of record, any refund request must be made to them under their own refund policies and within their own time limits. We have no ability to issue, compel, or reverse a store refund.

Nothing in this section limits any right you have that cannot lawfully be excluded, including under the Consumer Protection Act, 2019.

9.Acceptable use

You must use the Service lawfully and only for operating or participating in a genuine gym. You must not, and must not permit anyone else to:

• Enter, store, or transmit any personal data you are not lawfully entitled to process, or use the Service to harvest, scrape, or build a database of individuals.
• Use the Service to send unsolicited commercial messages, or to send announcements or notifications that are unlawful, misleading, obscene, defamatory, harassing, or that promote hatred or violence.
• Impersonate any person, misrepresent your role or affiliation, or create an account in another person’s name.
• Attempt to access a gym, role, record, or account you have not been granted, or to escalate the permissions attached to your role.
• Probe, scan, or test the vulnerability of the Service, or breach or circumvent any authentication, rate-limiting, tenancy isolation, or app-integrity measure.
• Reverse engineer, decompile, disassemble, tamper with, repackage, or create derivative works from the app, or extract its source code, keys, or credentials, except to the narrow extent such a restriction is unenforceable under applicable law.
• Run the app on a rooted, jailbroken, emulated, instrumented, or otherwise modified environment in order to defeat its protections, or use any automated agent, bot, or script against the Service.
• Interfere with the Service’s operation, impose an unreasonable load on it, or use it in a way that degrades it for others.
• Use the Service to build, benchmark for, or assist a competing product, or resell, sublicense, or provide the Service to third parties as a service bureau.
• Remove, obscure, or alter any Akhada or Navaye branding, notice, or attribution.
• Use the Service for anything unlawful under Indian law, or in violation of Apple’s or Google’s terms.

We may investigate suspected breaches, and may preserve and disclose information where we believe in good faith it is necessary to do so to comply with the law, enforce these Terms, or protect the rights, safety, or property of any person.

10.Intellectual property

The Service — including the Akhada and Navaye names, marks, logos, design, interface, artwork, text, and all underlying software — is owned by Navaye and protected by Indian and international intellectual property law. All rights not expressly granted are reserved.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Akhada app on devices you own or control, solely for the permitted purposes. This is a licence to use, not a sale, and no ownership passes to you.

The licence ends automatically when your right to use the Service ends, and you must then stop using the app and delete it.

If you send us feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction, attribution, or compensation. Do not send us anything you are not willing to give up on those terms.

11.Third-party services

The Service relies on third parties, including Apple, Google (including Firebase), Supabase, RevenueCat, and Shorebird, and may link to external services such as WhatsApp or a phone dialler. Those services are governed by their own terms and privacy policies, not ours.

We are not responsible for the availability, accuracy, security, or acts of any third party, and a failure, outage, price change, or policy change on their side is not a breach of these Terms by us. If a third party withdraws or materially changes a service we depend on, we may change or discontinue the affected functionality.

Apple and Google are not parties to these Terms, have no obligation to provide support for the app, and are not responsible for any claim relating to it, except as their own store terms require.

12.Availability, updates, and changes to the Service

We aim to keep the Service available and working, but we do not promise any level of uptime, and the Service may be unavailable for maintenance, upgrades, third-party failures, or reasons outside our control. No service credit is payable for downtime.

We may add, change, restrict, or remove features at any time, including features currently offered on the Free tier. Where a change materially reduces functionality you paid for, we will give reasonable notice in the app.

The app updates itself in two ways: through store updates, and through over-the-air patches delivered to the installed app. You consent to receiving both, and to the app checking for them. We may require you to update to a minimum supported version to keep using the Service; older versions may stop working.

Features marked beta, preview, or experimental are provided for evaluation, may be withdrawn without notice, and are excluded from every warranty and commitment in these Terms.

13.Suspension and termination

By you. You may stop using the Service at any time, cancel a subscription through your store account, and request deletion at navaye.com/akhada/delete-account.

By us. We may suspend or terminate your access to all or part of the Service, immediately and without notice, if we reasonably believe that:

• you have breached these Terms, and particularly the sections on Gym Data or acceptable use;
• your use exposes us, another user, or any individual to legal liability, security risk, or harm;
• you have entered personal data unlawfully, or a Member or authority has credibly complained about your handling of their data;
• payment for a subscription has failed, been reversed, or been charged back;
• we are required to do so by law, or by Apple or Google; or
• your account has been inactive for 24 consecutive months.

Where the breach is capable of remedy and the risk allows, we will tell you what is wrong and give you a reasonable chance to fix it before terminating. Where it is not, we will not.

Effect. On termination your licence ends and access stops. Termination for breach does not entitle you to any refund. For 30 days after termination we will, on written request, make a reasonable effort to give the Owner an export of that gym’s data; after that the data is deleted in accordance with the Privacy Policy and cannot be recovered.

We may also discontinue the Service entirely. If we do, we will give at least 30 days’ notice in the app or to the number on the account, and we will refund the unused portion of any prepaid subscription period on a pro-rata basis — the only circumstance in which we refund.

14.Disclaimers

The Service is provided "as is" and "as available", without warranty of any kind. To the fullest extent permitted by law we disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.

Without limiting that, we do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that data will never be lost or corrupted; or that the Service will meet your requirements.

You further acknowledge that:

• Akhada is not a payment service. It does not process, hold, transfer, or settle money between Members and gyms. Payment entries are bookkeeping records the gym enters itself, and their accuracy is entirely the gym’s responsibility.
• Akhada is not an accounting, tax, or legal service, and nothing in it is professional advice. Reports, totals, and summaries are conveniences, not audited figures.
• Akhada is not a health, medical, or fitness advisory service. Training programmes and content are created by your gym, not by us, and we make no representation about their safety or suitability for anyone. Consult a qualified professional before starting any exercise programme.
• We are not party to your relationship with your gym or your Members. Disputes about fees, memberships, refunds, service quality, injury, or conduct are between you and them, and we have no obligation to mediate or resolve them.
• Notification delivery is not guaranteed. Announcements and expiry reminders depend on the device, the operating system, network conditions, and third-party push infrastructure. Do not rely on them for anything time-critical.
• Security warnings are advisory. The app’s tamper detection is a safeguard, not a guarantee that a device is safe.

15.Limitation of liability

To the fullest extent permitted by law, and regardless of the form of action:

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; nor for loss of profit, revenue, business, goodwill, opportunity, anticipated savings, or data; nor for business interruption — even if we were advised such loss was possible.
• Our total aggregate liability arising out of or relating to the Service or these Terms is limited to the amount you actually paid us for the Service in the twelve months immediately before the event giving rise to the claim, or ₹5,000 (five thousand Indian Rupees), whichever is lower.
• If you use the Service on the Free tier, and have therefore paid nothing, our aggregate liability is limited to ₹1,000 (one thousand Indian Rupees).

These limits apply in aggregate across all claims, not per claim, and apply even if a limited remedy is found to have failed of its essential purpose.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, wilful misconduct, gross negligence, or death or personal injury caused by our negligence.

You acknowledge that these limits are a reasonable allocation of risk, that the pricing of the Service reflects them, and that we would not provide the Service on any other basis.

Any claim must be brought within one year of the date on which the cause of action arose, failing which it is permanently barred, except where a longer period is mandatory under the Limitation Act, 1963.

16.Indemnity

You will indemnify, defend, and hold harmless Navaye, its proprietor, employees, contractors, and service providers from and against all claims, demands, proceedings, penalties, fines, losses, damages, liabilities, and costs (including reasonable legal fees) arising out of or relating to:

• your use of the Service, or use by anyone using your account;
• Gym Data you entered, including any claim that you lacked consent or another lawful basis to process it, or that it infringes or misuses anyone’s rights;
• your breach of these Terms, of the Privacy Policy, or of any applicable law, including the Digital Personal Data Protection Act, 2023;
• any dispute between you and a Member, a Staff member, another gym, or any authority; and
• any penalty imposed on us by the Data Protection Board of India or any other authority that is attributable to your acts or omissions.

We will notify you of any claim we seek indemnity for and may, at our option and your cost, take control of its defence and settlement. You may not settle any claim in a way that admits liability on our part or imposes an obligation on us without our written consent.

This indemnity survives termination.

17.Force majeure

We are not liable for any failure or delay in performing caused by events beyond our reasonable control, including acts of God, natural disaster, epidemic or pandemic, war, terrorism, riot, civil unrest, strike, fire, flood, power or telecom failure, internet or network outage, cyber-attack, failure of a third-party provider, or any act, order, or restriction of a government or regulator.

If such an event continues for more than 60 days, either party may terminate on written notice, and we will refund the unused portion of any prepaid period on a pro-rata basis.

18.Notices and communications

We may give you notice by in-app message, push notification, SMS to the number on your account, or a posting on this website, and such notice is effective when sent or posted. It is your responsibility to keep your number current and to check notices.

You must send notices to us at [email protected], and they are effective on our acknowledgement or two business days after sending, whichever is earlier.

You consent to receiving service-related communications — including transactional SMS, in-app messages, and push notifications about your account, security, and subscription — as a necessary part of the Service. These are not marketing and cannot be opted out of while you hold an account, though you may disable push notifications at the device level.

19.Changes to these Terms

We may amend these Terms. The "last updated" date at the top always reflects the current version, and the current version is the one that governs.

For material changes we will give at least 14 days’ notice in the app or to the number on your account before they take effect. For changes that are immaterial, that correct errors, or that are required to comply with law with immediate effect, the amended Terms apply as soon as they are posted.

If you do not accept an amendment, your remedy is to stop using the Service and cancel your subscription before the amendment takes effect. Continuing to use the Service afterwards means you accept it.

20.Governing law, arbitration, and jurisdiction

These Terms and any dispute arising out of or relating to them or the Service — whether in contract, tort, or otherwise — are governed by the laws of India, without regard to conflict-of-laws rules.

Good-faith resolution first. Before commencing any proceeding, the parties will attempt in good faith to resolve the dispute by written notice and discussion for 30 days.

Arbitration. Any dispute not resolved in that period will be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996 and any statutory amendment or re-enactment of it. The seat and venue of arbitration is Gwalior, Madhya Pradesh, India, the language is English, and the arbitrator’s award is final and binding on the parties. Each party bears its own costs unless the arbitrator directs otherwise.

Individual basis only. Disputes will be resolved individually. Neither party may bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding, and the arbitrator may not consolidate claims of more than one party.

Courts. Subject to the arbitration agreement above, the courts at Gwalior, Madhya Pradesh, India have exclusive jurisdiction over all matters arising out of these Terms, including applications for interim relief in aid of arbitration. Nothing prevents either party from seeking urgent injunctive relief from those courts.

Nothing in this section affects any right you have to approach a consumer forum under the Consumer Protection Act, 2019, or the Data Protection Board of India under the Digital Personal Data Protection Act, 2023.

21.Grievance redressal

In accordance with the Information Technology Act, 2000 and rules made under it, complaints about the Service may be addressed to our Grievance Officer:

Grievance Officer
Navaye (sole proprietorship)
Gwalior, Madhya Pradesh, India
Email: [email protected]

We acknowledge complaints within 24 hours and endeavour to resolve them within 15 days of receipt. Please include the mobile number on your account and a clear description of the issue.

22.General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service, and supersede every prior understanding, representation, or communication about it.
• Severability. If any provision is held invalid or unenforceable, it is to be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed. The rest remains in full force.
• No waiver. A failure or delay in enforcing any provision is not a waiver of it, and a single or partial exercise of a right does not prevent its further exercise.
• Assignment. You may not assign or transfer these Terms or any right under them without our prior written consent. We may assign them to a successor in connection with a merger, acquisition, or sale of the business, on notice to you.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and us.
• Survival. The sections on Gym Data warranties, no refunds, intellectual property, disclaimers, limitation of liability, indemnity, governing law, and this General section survive termination.
• Third-party rights. Except as stated for Apple and Google, no one other than you and us has any right to enforce these Terms.
• Language. These Terms are drafted in English. Any translation is provided for convenience only, and the English version prevails in the event of a conflict.
• Headings. Headings are for reference only and do not affect interpretation.

23.Contact

Questions about these Terms:

Navaye — sole proprietorship
Gwalior, Madhya Pradesh, India
Email: [email protected]