TERMS OF SERVICE

1. Parties & Platform

These Terms form a binding agreement between you ("Client") and Epic Fitness Coach ("EFC", "we"). The "Platform" refers to the EFC Core web application, intake forms, communication channels, and any documents we provide as part of the coaching service.

Epic Fitness Coach is a Sole Proprietorship (Proprietary) owned by Soumojit Naskar, with its registered address at 12G, Magnolia Merlion, Bishnupur Road, Rajarhat, Kolkata, West Bengal 700135. The business is registered under UDYAM as a Micro Enterprise under the MSME Act (Micro, Small and Medium Enterprises Development Act, 2006), UDYAM Registration Number UDYAM-WB-14-0261441. Registered email for official notices: epicfitnessscoach@gmail.com.

2. Eligibility

You confirm that you are at least 18 years old, have full legal capacity to enter into a contract, and are not subject to any medical advice that contraindicates the kind of exercise or nutrition programming EFC provides.

3. Account & Credentials

Your account is created by your coach during onboarding. Initial credentials are issued to you via email. You are responsible for keeping your password confidential and for all activity on your account.

Notify us immediately if you suspect unauthorised access. You may not share your account with another person.

4. Acceptable Use

You agree not to (a) attempt to access another client's data; (b) reverse-engineer, scrape, or stress-test the Platform; (c) upload unlawful or harmful content; (d) impersonate another person; or (e) use the Platform to provide competing coaching services to third parties without our written consent.

5. Intellectual Property

All plans, content, methodology, templates, branding, and software supplied through EFC Core are the intellectual property of EFC or its licensors. You receive a non-exclusive, non-transferable licence to use your assigned content for personal use during the term of your program.

You may not reproduce, redistribute, or commercially exploit EFC content without prior written permission.

6. Health Disclaimer

IMPORTANT: EFC delivers nutrition and training coaching as a Certified Nutrition Specialist (CNS) practice. We are not licensed medical professionals. The Platform does not provide medical diagnosis or treatment.

Consult a qualified physician before beginning any new exercise or nutrition program, particularly if you have a pre-existing medical condition, are pregnant or breastfeeding, are recovering from injury or surgery, or take prescription medication.

By using the Platform you assume the inherent risks of exercise and dietary change. Stop activity and seek medical care if you experience pain, dizziness, shortness of breath, or any concerning symptom.

7. Results Disclaimer

Individual results vary based on genetics, adherence, prior training history, lifestyle, and other factors outside our control. EFC makes no guarantee of specific outcomes — including weight loss, muscle gain, body-composition change, or performance improvement — within any stated timeframe.

8. Assumption of Risk

You acknowledge that resistance training, cardiovascular exercise, dietary change, and supplementation carry inherent risks, including muscular injury, joint strain, cardiovascular events, digestive discomfort, and in rare cases serious injury or death.

You voluntarily accept these risks and confirm that you participate at your own election, having been advised to obtain medical clearance. You agree that EFC is not responsible for injury or adverse health outcome arising from (a) exercise or nutrition undertaken outside the prescription given to you, (b) pre-existing conditions or medications you did not disclose, or (c) your failure to stop and seek medical attention when symptoms arise.

Nothing in this section limits any liability that cannot be excluded under Indian law, including liability for gross negligence, wilful misconduct, or death or personal injury caused by such conduct.

9. Communication

Coaching communication is delivered through the Platform, email, and WhatsApp during your coach's published working hours. Response times of up to 24 hours on business days are normal. Emergencies must be directed to your physician or local emergency services.

10. Client Content

You retain ownership of the data, photos, and notes you submit. You grant EFC a limited licence to store, process, and display this content solely to deliver your coaching program. We will only use before/after or testimonial content in marketing with your separate, specific, written consent, which you may withdraw at any time.

11. Fees, Renewal & Cancellation

Program fees, duration, and payment schedule are agreed in writing before onboarding and are governed in detail by the Coaching Agreement.

Epic Fitness Coach is not registered for GST. No GST or other tax is charged separately, and all quoted fees are inclusive of all applicable taxes. Fees are quoted and payable in Indian Rupees (INR).

The quoted fee is the final amount you pay. No payment processing fees, transaction charges, gateway fees, or convenience fees are added to your invoice. All payment-processing costs are borne by Epic Fitness Coach.

Programs do not renew automatically. We do not store card details or auto-charge you. A renewal invoice is issued before any new period begins and takes effect only once you accept it and pay. Pricing for a renewal is the pricing in force at that time; previous rates are not guaranteed.

You may choose not to renew at any time, with no notice required. Refunds and mid-term cancellation are governed by the Refund Policy and Cancellation clause of the Coaching Agreement. Non-payment beyond the contracted grace period may result in suspension of Platform access.

12. Platform Availability

We aim for high uptime but do not guarantee uninterrupted access. The Platform may be unavailable during maintenance, updates, or events outside our control. We are not liable for losses caused by downtime.

13. Limitation of Liability

To the maximum extent permitted by law, EFC's aggregate liability for any claim arising from or relating to your use of the Platform is limited to the fees you have paid to EFC in the twelve months preceding the claim.

EFC is not liable for indirect, incidental, consequential, or punitive damages, including lost income, lost data, or loss of opportunity.

14. Indemnity

You agree to indemnify and hold harmless EFC, its coach, and its personnel against any claim, loss, or expense (including reasonable legal costs) arising from (a) your breach of these Terms; (b) medical, health, or lifestyle information you provided that was false, incomplete, or not kept up to date; (c) your misuse of the Platform or of plans supplied to you; or (d) your sharing of EFC content with third parties without permission.

15. Privacy

Our handling of your personal data is governed by the EFC Privacy Policy, which forms part of these Terms.

16. Changes to the Terms

We may update these Terms occasionally. Material changes will be announced inside the app and by email. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

17. Termination

Either party may end the coaching engagement in accordance with the Coaching Agreement. EFC may suspend or terminate access immediately for serious breach of these Terms, abusive behaviour towards the coach, or non-payment beyond the contracted grace period.

Termination does not waive any obligation accrued before the termination date.

18. Dispute Resolution

If a dispute arises, both parties will first attempt to resolve it in good faith through direct discussion within 30 days of written notice of the dispute.

If it remains unresolved, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration is Kolkata, West Bengal, India and the language of proceedings is English. The arbitrator's award is final and binding.

Nothing in this section prevents either party from seeking urgent interim relief from a competent court.

19. Governing Law & International Clients

These Terms are governed by the laws of India. Courts at Kolkata, West Bengal, India have exclusive jurisdiction over disputes arising from or related to these Terms.

If you reside outside India, you expressly agree that Indian law governs this agreement and your use of the Platform, and that the courts and arbitral seat at Kolkata, West Bengal, India have exclusive jurisdiction, regardless of your country of residence or the location from which you access the Platform.

International clients are responsible for complying with the laws of their own country, including any local rules on health, nutrition, or supplement products, and for any local taxes or duties applicable where they reside. All fees are billed in INR unless otherwise agreed in writing. EFC adds no processing or gateway charges of its own; your own bank or card issuer may apply foreign-exchange or cross-border fees that EFC neither sets nor receives.

20. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

21. Entire Agreement

These Terms, the Privacy Policy, and the Coaching Agreement constitute the entire agreement between you and EFC regarding the Platform and supersede any prior understanding.

22. Acceptance

By ticking the consent checkbox in EFC Core, by signing the digital intake, or by continuing to use the Platform after these Terms are presented to you, you confirm that you have read, understood, and agreed to be bound by them.