Terms and Conditions

Last updated: July 2025

These Terms and Conditions ("Terms") govern your access to and use of the Torzil website at www.torzil.com and the Torzil gym management platform, including all related mobile applications and services (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. Definitions

In these Terms:

• "Torzil", "we", "us", "our" refers to the company operating the Torzil platform.
• "You", "Customer" refers to the gym, fitness business, or individual accessing the Services.
• "Member" refers to the end users (gym members) whose data you manage using the platform.
• "Subscription" refers to your paid or trial access to the Services.
• "Content" means any data, text, files, or other material you upload or input into the Services.

2. Account Registration

To use the Services, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect any unauthorised access to your account.

You may not share your account credentials with any third party, create accounts using automated means, or create accounts under false or fraudulent pretences.

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services to violate any applicable local, state, national, or international law
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorised access to any part of the Services or to systems or networks connected to them
• Reverse engineer, decompile, disassemble, or derive source code from the platform
• Use the Services to send unsolicited communications (spam) or engage in any deceptive practices
• Use automated scripts, bots, or scraping tools against the platform without written consent
• Resell, sublicense, or otherwise make the Services available to third parties without our written consent
• Upload content that infringes any third party's intellectual property or privacy rights

4. Subscriptions and Payments

Subscription plans

Access to the platform requires a paid subscription. Details of available plans, pricing, and included features are set out on our website. Pricing is subject to change with 30 days' prior notice.

Free trial

We offer a 7-day free trial with full platform access. No credit card is required to start a trial. At the end of the trial period, continued use requires a paid subscription. We reserve the right to modify or discontinue the free trial offer at any time.

Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Payments are due on the billing date specified in your account. Late payments may result in suspension of your account.

Refunds

Subscription fees are generally non-refundable. If you believe you have been charged in error, contact us within 7 days of the disputed charge at [email protected] and we will review the matter on a case-by-case basis.

Taxes

Prices shown may be exclusive of applicable taxes. You are responsible for any taxes, levies, or duties applicable to your subscription in your jurisdiction.

5. Data Ownership and Licence

You retain full ownership of all Content you submit to the Services, including your member records, payment data, attendance logs, and other business data. Torzil does not claim any ownership over your Content.

By submitting Content to the Services, you grant Torzil a limited, non-exclusive, royalty-free licence to process, store, and transmit your Content solely for the purpose of providing the Services to you. This licence terminates when you delete the Content or close your account.

You are responsible for ensuring that any member data you enter into the platform has been collected lawfully and that members have been informed of its use, in accordance with applicable data protection laws.

6. Privacy

Our collection and use of your personal data is governed by our Privacy Policy, which forms part of these Terms. By using the Services, you agree to the collection and use of information as described in that policy.

7. Intellectual Property

The Services, including all software, designs, text, graphics, logos, and trade marks, are the property of Torzil or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use Torzil's trade marks, logos, or other branding without our prior written consent.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software.

8. Third-Party Integrations

The Services may integrate with third-party products and services, including biometric hardware, payment gateways, SMS providers, and WhatsApp (Meta Cloud API). Your use of these integrations is subject to the respective third-party terms and policies. Torzil is not responsible for the availability, accuracy, or actions of any third-party service.

Torzil is an official Meta Technology Partner. WhatsApp messaging through the platform is governed by Meta's Business Messaging Policy and Terms of Service, with which you must comply.

9. Service Availability

We aim to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. We may suspend the Services temporarily for scheduled maintenance, updates, or to address security issues. Where possible, we will provide advance notice of planned downtime.

We are not liable for any loss or damage arising from downtime, interruptions, or errors in the Services.

10. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. Torzil will treat your business data and member data as confidential and will not disclose it to third parties except as required to provide the Services or as required by law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Torzil and its directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, goodwill, or business interruption — arising from your use of or inability to use the Services, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you to Torzil in the three months immediately preceding the event giving rise to the claim.

12. Warranties

The Services are provided "as is" and "as available" without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free from security vulnerabilities.

13. Indemnification

You agree to indemnify, defend, and hold harmless Torzil and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or in any way connected with your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

14. Termination

Termination by you

You may cancel your subscription at any time by contacting us at [email protected] or through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are issued for the remaining portion of any paid period.

Termination by us

We may suspend or terminate your account immediately, without prior notice, if you breach these Terms, engage in fraudulent activity, or if we are required to do so by law. We may also terminate or suspend accounts on 30 days' notice if we discontinue the Services.

Effect of termination

Upon termination, your right to access the Services ceases immediately. We will retain your data for up to 30 days following termination, during which you may request an export. After that period, your data will be permanently deleted.

15. Changes to the Services

We may add, modify, or remove features from the Services at any time. We will make reasonable efforts to notify you of material changes that may affect your use of the platform. Your continued use of the Services after any changes constitutes acceptance of those changes.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the platform at least 14 days before they take effect. If you do not agree to the updated Terms, you must stop using the Services before the effective date. Continued use after the effective date constitutes acceptance of the updated Terms.

17. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in India.

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute informally by contacting the other party in writing and allowing 30 days to attempt a negotiated resolution.

18. General

• Entire agreement - These Terms, together with our Privacy Policy, constitute the entire agreement between you and Torzil regarding the Services and supersede all prior agreements.
• Severability - If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver - Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment - You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights at any time.
• Force majeure - We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control.

19. Contact Us

For questions about these Terms, please contact us:

Torzil
Email: [email protected]
Website: www.torzil.com