Terms of Use

Thank you for using Vigor. These Terms of Use (collectively with Vigor’s Privacy Policy, “Terms of Use”) set forth a legally-binding agreement between Vigor Websolutions Pvt Ltd (“Vigor”, “we”, “us” or “our”) and you. Please read the Terms of Use throughly and carefully before using Vigor mobile applications (“Applications”), www.vigor.co.in (“Site”) and the use of the services, features, content, goods or applications (collectively with Applications and Site, “Services”).

A. Acceptance of Terms of Use

  1. By accessing, registering for and/or using the Services in any manner, including but not limited to downloading Applications or visiting or browsing the Site, you unconditionally agree to these Terms of Use and all other operating rules, policies and procedures that may be revised from time to time for any Services. We reserve the right to change the Terms of Use from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

  3. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

B. Ownership of rights

Any use of the Services or its Content (as defined hereinbelow), including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Vigor. All information displayed, transmitted or shared with you is proprietary information that may be protected by copyright and other intellectual property laws. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, reverse engineer, distribute, repost, perform, display or in any way commercially or otherwise exploit any of the content shared, especially workout plans (“Routines”). As between you and Vigor, Vigor shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof.

C. Eligibility

The Services are available only to persons above 18 years of age and who can form legally binding contracts under the laws of India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to access the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. These Terms of Use are void where prohibited by law. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

D. Content

  1. Definition
    For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purpose of this Agreement, “Content” also includes User Content (defined below)

  2. User Content
    All content added, created, uploaded, submitted, distributed or posted to the Services by users (collectively “User Content”) whether posted publicly or transmitted privately, is sole responsibility of the person who originated such User Content. We do not guarantee the accuracy or efficacy of the Content accessed through the Services.

  3. Use License
    Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable personal license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any law or third party right.

E.  Use of the Services

  1. The Services provide users with guidance and information on how to improve their fitness, health and nutrition, but THE SERVICES ARE NOT A MEDICAL ORGANIZATION, AND YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NUTRITIONAL PROGRAM. Our recommended workout plans and exercises, which may be tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment, and do not guarantee results. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK.

  2. The Services are intended for use only by individuals healthy enough to perform strenuous exercise. In becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, OR that all of the following statements are true: You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

    • you do not have a heart condition or that no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
    • you have never felt chest pain when engaging in physical activity;
    • you have not experienced chest pain when not engaged in physical activity at any time within the past month;
    • you have never lost your balance because of dizziness and you have never lost consciousness;
    • you do not have a bone or joint problem that could be made worse by a change in your physical activity;
    • your physician is not currently prescribing drugs for your blood pressure or heart condition;
    • you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
    • you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and
    • you do not know of any other reason you should not exercise.

    If any of the above are applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating, or (B) your physician has specifically approved your use of the Services.

    You should be aware and accept that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Services, you acknowledge, accept and agree that your performance of any and all exercises or activities recommended by the Services is wholly at your own risk. Neither Vigor nor any of its trainers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises or workout venues. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.

F. Rules of Conduct

  1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. You shall not (and shall not permit any third party) to either (i) take any action or (ii) upload, download, submit or otherwise distribute or facilitate distribution of any Content on or through the Service.

  2. You shall not directly or indirectly (and shall not permit any third party to): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application) (ii) modify, translate, or otherwise create derivative works of any part of the Services, (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

  3. We also reserve the right to access, read, preserve, and disclose any information, including information submitted by you as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

G. Payments and Billing

  1. Paid Services
    Certain of our Services, including but not limited to workout plans (“Routines”), may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for any Paid Services are deemed part of this Agreement.

  2. Billing
    We use a third-party payment processor (the “Payment Processor”) to bill you for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

  3. Free Trials and Other Promotions
    Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period.

H.  Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination, you agree that you shall no longer access (or attempt to access) the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination.

I.  Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding you releasing us from all liability for you having acquired or not acquired Content through the Services. We make no warranties or representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services including:

    • which users gain access to the Services;
    • what Content you access via the Services; or
    • how you may interpret or use the Content

The Services and Content are provided on an “as is”, “as available” basis and without warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by or during any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) any Content through the services is free of viruses or other harmful components; or (ii) the results of using the Services will meet your requirements. Your use of the services is solely at your own risk. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.

J.  Indemnification

You agree to defend, indemnify and hold harmless Vigor, and its officers, managers, members, directors, employees, successors, assigns, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyers' fees) arising from your use of and/or access to, the Services; your violation of any provision of the Terms of Use; or your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right. This defense and indemnification obligation will survive these Terms of Use.

K. Limitation of Liability

In no event shall we, nor our officers, directors, employees, agents, partners, suppliers, vendors or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services.

L. Miscellaneous

  1. Force Majeure
    We shall not be liable or deemed to be in default for any delay or failure in performance under these Terms of Use resulting directly or indirectly from an event of force majure, including acts of God, civil or military authority, acts of public enemy, war, accidents, fire, explosions, earthquakes, floods, epidemics, strikes, labor disputes.

  2. Dispute Resolution and Governing law
    Any dispute arising out of or connected with or conerning these Terms of Use, including a dispute as to the validity or existence of the Terms of Use, shall be referred to and finally decided by arbitration of a sole arbitrator, nominated by Vigor, and in accordance with the provisions of Arbitration & Conciliation Act, 1996 for the time being in force, which provisions are deemed to be incorporated by reference into this Clause. The seat of arbitration shall be New Delhi and the language of arbitration shall be English.

    These Terms of Use shall be governed by and construed in accordance with the laws of India. The Courts in Delhi shall have exclusive jurisdiction to decide any matter arising out of or under or in connection with this Agreement.

  3. Relationship between the Parties
    No relationship of agency, employment, partnership, franchise, joint venture, or any similar other relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to the bind the other in any respect.

  4. Notices
    All written notices, requests, demands and other communications under Terms of Use, or in connection herewith shall be in writing in a form enabling confirmation of delivery, either by hand or by courier/ registered post / by hand, and shall be deemed to have been served on the other Party : (i) on the date actually received by other Party, if delivered by hand ; or (ii) on the expiry of three business days after posting if sent by courier; or (iii) on the expiry of five days after posting if sent by registered post.

  5. Waiver
    No forbearance or inaction by us at any time to require performance of any of the provisions of these Terms of Use shall in any way affect, diminish or prejudice the right to require performance of that provision or any other provision, and any waiver or acquiescence by us of any breach of any of the provisions of these Terms of Use shall not be construed as a waiver or acquiescence of any continuing or succeeding breach of such provisions or any other provision.

  6. Severability
    All provisions of these Terms of Use shall be severable and no such provisions shall be affected by the invalidity of any other provision to the extent that such invalidity does not also render such other provisions invalid.

  7. Headings
    The section and paragraph headings in these Terms of Use are for convenience only and shall have no legal or contractual effect.