A. General Terms
A1. Scope and Acceptance
These Terms constitute a legally binding agreement between you (“Client,” “you” or “your”) and HabFORGE (“HabFORGE”, “we”, “us” or “our”) in relation to the services purchased or used by you.
If you do not agree with these Terms, you must not purchase, access or use the applicable HabFORGE services.
Where a specific programme, quotation, enrolment form, invoice, booking confirmation or other written communication contains additional terms applicable to that programme, those terms shall be read together with these Terms. In the event of a direct inconsistency, the programme-specific terms shall prevail to the extent of that inconsistency.
A2. Eligibility
HabFORGE services are primarily intended for persons who are 18 years of age or older.
A person below 18 years of age may use a service only where HabFORGE expressly agrees to provide such service and any consent, supervision or other requirement prescribed by applicable law has been satisfied.
By purchasing or using a service, you represent that the information provided by you is accurate and that you are legally capable of entering into the applicable agreement.
B. HabFORGE Services
B1. Nature of Services
HabFORGE provides fitness, nutrition, lifestyle and behavioural coaching services intended to support clients in developing sustainable habits and working towards individually identified health, fitness or lifestyle goals.
Services may include:
- Nutrition Blueprints;
- Workout Blueprints;
- Complete Blueprints;
- Momentum Coaching;
- Transform Coaching;
- Elite Coaching;
- consultations;
- progress reviews;
- accountability support;
- educational material; and
- other services expressly identified at the time of purchase or enrolment.
The precise scope, duration, frequency, deliverables and method of delivery of each service shall be determined by the programme selected and the information communicated to the Client at the time of purchase or enrolment.
B2. Blueprints
Blueprints are personalised plans prepared based on information supplied by the Client.
A Blueprint is generally intended for independent implementation by the Client unless the applicable package expressly includes continuing coaching or support.
Unless expressly included in the purchased package, a Blueprint does not include:
- ongoing coaching;
- unlimited messaging;
- continuous monitoring;
- progress reviews;
- medical supervision;
- continuing modifications; or
- guaranteed availability of a coach.
HabFORGE may request clarification or additional information where reasonably necessary to prepare or modify a Blueprint.
B3. Coaching Programmes
Ongoing guidance and support shall be provided according to the selected programme.
The nature and frequency of coaching, communication, reviews, programme modifications and accountability shall depend on the package purchased and shall not be construed as unlimited or continuous support unless expressly stated otherwise.
HabFORGE may modify recommendations where reasonably required by changes in the Client’s circumstances, goals, available information, progress, training environment or other relevant factors.
B4. Consultations and Enrolment
A consultation does not automatically guarantee acceptance into a programme.
HabFORGE may determine whether a particular service is appropriate based on the Client’s stated goals, circumstances, information supplied and programme availability.
Elite Coaching and other limited-capacity programmes may be subject to an application or suitability process.
HabFORGE may decline, defer or discontinue enrolment where it reasonably considers that the requested service is unsuitable for the Client or falls outside the scope of HabFORGE’s services.
C. Client Responsibilities
C1. Accuracy of Information
Clients must provide accurate, complete and reasonably current information relevant to the services being provided.
This may include information concerning:
- age.
- fitness level.
- dietary preferences;
- allergies or intolerances;
- injuries;
- medications;
- relevant medical conditions;
- laboratory information voluntarily provided;
- exercise history;
- training environment;
- goals; and
- other information reasonably relevant to the service.
C2. Duty to Update
Clients must inform HabFORGE of material changes in their health, circumstances, medications, injuries, exercise environment or other information that may reasonably affect the services being provided.
HabFORGE shall not be responsible for consequences arising materially from information that was inaccurate, incomplete, outdated or withheld by the Client.
C3. Client's Independent Responsibility
The Client remains responsible for deciding whether, when and how to implement recommendations, subject to obtaining appropriate professional advice where required.
The Client is responsible for exercising reasonable judgment concerning physical activity, nutrition and lifestyle recommendations and for stopping an activity and seeking appropriate medical attention where symptoms or circumstances reasonably warrant doing so.
D. Health, Fitness and Medical Disclaimer
D1. No Medical Services
HabFORGE is not a medical provider.
Its services do not constitute diagnosis, treatment, medical care or medical advice.
Unless expressly stated otherwise and provided by a suitably qualified and legally authorised professional, HabFORGE coaches do not diagnose medical conditions, prescribe medication, alter prescribed medication, or replace the advice of a registered medical practitioner or other appropriately qualified healthcare professional.
D2. Medical Consultation
Clients with medical conditions, acute or unexplained symptoms, injuries, pregnancy-related concerns, medication-related concerns or other circumstances requiring professional medical assessment should consult an appropriately qualified healthcare professional.
HabFORGE may recommend that a client obtain professional medical advice where appropriate.
D3. Exercise Risk
Physical exercise involves inherent risks, including the possibility of injury, illness, aggravation of an existing condition or other adverse consequences.
The Client is responsible for exercising within their capabilities and obtaining appropriate medical advice or medical clearance where reasonably necessary.
Nothing in these Terms is intended to exclude liability for death, personal injury or other liability that cannot lawfully be excluded or limited.
E. Health and Laboratory Information
E1. Voluntary Health Information
Clients may voluntarily provide health, fitness, nutrition, lifestyle, or laboratory information for the purpose of receiving personalised services.
Such information shall be handled in accordance with the HabFORGE Privacy Policy and applicable data-protection law.
E2. Laboratory Reports
Where a Client voluntarily provides blood-test reports or other laboratory information, such information shall be used only to the extent reasonably necessary for the relevant service.
The provision of a laboratory report does not create a doctor-patient relationship or authorise HabFORGE to provide a medical diagnosis.
Clients should use the designated communication method specified by HabFORGE when submitting sensitive health information and should not upload such information through website analytics, advertising or other channels not intended for health information.
F. Fees, Payment, and Commercial Terms
F1. Fees
Fees applicable to a service shall be communicated at the time of purchase or enrolment.
Payment may be made through UPI, bank transfer, payment link, payment gateway, or another method made available by HabFORGE.
F2. Commencement of Services
Services shall ordinarily commence after payment and completion of the required onboarding process unless otherwise agreed.
Where HabFORGE has commenced material personalised work, including assessment, preparation, customisation or delivery of a personalised Blueprint, the Client acknowledges that the service may have commenced even if the Client has not yet fully implemented the recommendations.
F3. Taxes and Charges
Unless otherwise stated, applicable taxes, transaction charges or other statutory charges may be payable by the Client where required by law.
F4. Payment Disputes
If a client believes a payment has been incorrectly charged, the Client should contact HabFORGE promptly with the relevant transaction details so that the matter can be reviewed.
Nothing in this provision restricts any statutory right or remedy available to a client.
G. Cancellations, Refunds and Changes
G1. Cancellation
Clients should contact HabFORGE as soon as reasonably possible regarding cancellation.
G2. Personalised Services
Because personalised services may involve work specifically undertaken for an individual Client, fees may be non-refundable once material personalised work or coaching has commenced, except where a refund is required under applicable law or expressly agreed by HabFORGE.
G3. Refund Assessment
Where a refund request is made, HabFORGE may consider:
- the service purchased;
- whether personalised work has commenced;
- whether deliverables have been provided;
- the extent of coaching already delivered;
- the reason for cancellation;
- any applicable programme-specific refund terms; and
- applicable law.
No provision of these Terms is intended to exclude mandatory rights available to consumers under applicable law.
G4. Programme Changes
Where reasonably necessary, HabFORGE may modify the coach, communication method, scheduling arrangements, programme delivery process or other operational aspect of a service, provided that HabFORGE will make reasonable efforts to preserve the substantive nature of the purchased service.
H. Intellectual Property
H1. HabFORGE Intellectual Property
All intellectual property rights in HabFORGE’s pre-existing and independently developed materials, including its:
- Blueprints;
- workout plans;
- nutrition materials;
- written guidance;
- educational materials;
- frameworks;
- methodologies;
- templates;
- systems;
- branding;
- logos;
- trade names;
- graphics; and
- other proprietary materials
remain vested in HabFORGE or the applicable rights holder unless expressly stated otherwise.
H2. Client Licence
Subject to payment of the applicable fees, HabFORGE grants the Client a limited, non-exclusive, non-transferable, and non-sublicensable right to use materials supplied specifically to that Client for the Client’s own personal, non-commercial use.
This licence does not transfer ownership of HabFORGE’s underlying intellectual property.
H3. Prohibited Use
Clients must not, without prior written permission:
- reproduce HabFORGE materials for commercial purposes;
- sell or resell Blueprints;
- publish or distribute proprietary materials;
- provide HabFORGE materials as part of another person's coaching service;
- remove proprietary notices;
- commercially exploit HabFORGE methodologies; or
- represent HabFORGE materials as their own.
I. Client Content and Testimonials
I1. Client Content
Where a client voluntarily submits photographs, testimonials, reviews, progress updates, or other content to HabFORGE, the Client retains ownership of such content except to the extent otherwise expressly agreed.
HabFORGE may use such content internally for service delivery and administration.
I2. Public Use
HabFORGE shall not use identifiable Client photographs, testimonials, before-and-after images, or similar personal content for public marketing purposes without an appropriate consent or other lawful basis.
Consent for marketing use should be capable of being withdrawn where required by applicable law.
J. Acceptable Use
J1. Prohibited Conduct
A Client must not use HabFORGE services:
- for unlawful purposes;
- to impersonate another person;
- to provide materially false information;
- to interfere with HabFORGE systems;
- to obtain or distribute another person's confidential information;
- to copy or commercially exploit HabFORGE proprietary materials;
- to harass, threaten or abuse HabFORGE personnel or other clients; or
- in a manner that materially interferes with the provision of services.
K. Communications and Account Security
K1. Communications
Programme communications may take place through email, telephone, messaging applications, scheduling platforms, or other channels communicated to the Client.
Response times may vary according to the programme purchased and the operational availability of HabFORGE.
K2. No Emergency Support
HabFORGE services are not an emergency medical or crisis-response service.
Clients experiencing an emergency should contact the appropriate emergency or medical service.
K3. Account and Communication Security
Where a Client is provided with an account, portal or other authenticated access, the Client is responsible for maintaining the confidentiality of login credentials and promptly notifying HabFORGE of suspected unauthorised access.
L. Third-Party Services
L1. Third-Party Platforms
HabFORGE may use third-party platforms for scheduling, payment processing, communications, hosting, analytics, or other operational purposes.
Such services may be subject to the third party’s own terms and privacy policies.
HabFORGE does not represent that third-party platforms will always be available, uninterrupted, or error-free.
M. Privacy and Data Protection
M1. Privacy and Data Protection
HabFORGE’s collection, use, storage, disclosure and other processing of personal data is governed by the HabFORGE Privacy Policy, which forms part of the contractual framework governing the Services.
HabFORGE shall process personal data in accordance with applicable privacy and data-protection laws in force from time to time, including the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and rules, regulations, notifications, directions or other requirements issued thereunder, to the extent applicable to HabFORGE and in force from time to time.
Where another applicable privacy, data-protection or other legal or regulatory requirement applies to a particular processing activity, HabFORGE shall comply with such requirement to the extent applicable.
M2. Health Information
Health, fitness, and laboratory information may require heightened operational safeguards. HabFORGE shall seek to limit collection and access to information reasonably necessary for the relevant service.
N. Confidentiality
N1. Confidential Information
Each party shall use reasonable care to protect confidential information received from the other party in connection with the services.
Confidentiality obligations shall not apply to information that:
- is publicly available without breach;
- was lawfully known before disclosure;
- is independently developed;
- is lawfully received from a third party; or
- is required to be disclosed by law or lawful authority.
O. Service Availability
O1. Availability
HabFORGE shall make reasonable efforts to provide the services described at purchase or enrolment but does not guarantee uninterrupted availability.
Temporary interruption may occur due to technical failures, platform outages, illness, emergencies, staffing issues, maintenance, events beyond reasonable control or other circumstances.
P. Results and Representations
P1. No Guaranteed Results
HabFORGE does not guarantee:
- weight loss;
- muscle gain;
- body-fat reduction;
- improved performance;
- specific measurements;
- specific appearance;
- particular health outcomes; or
- any other particular result.
Individual outcomes depend on factors including adherence, starting condition, genetics, lifestyle, nutrition, exercise, sleep, medical factors, and other circumstances outside HabFORGE’s control.
P2. Testimonials
Testimonials, case studies, or examples presented by HabFORGE are illustrative and do not constitute a guarantee that another Client will achieve the same or similar results.
Q. Suspension and Termination
Q1. Suspension
HabFORGE may temporarily suspend access to a service where reasonably necessary due to:
- non-payment;
- serious breach of these Terms;
- misuse of HabFORGE materials;
- abusive or threatening conduct;
- security concerns; or
- circumstances affecting the safe or lawful provision of services.
Q2. Termination
HabFORGE may terminate a service for material breach, subject to applicable law and any programme-specific contractual rights.
The Client may terminate a service in accordance with the applicable cancellation and refund terms.
Q3. Survival
Provisions relating to intellectual property, confidentiality, payment obligations, limitations of liability, indemnity, dispute resolution, governing law, and any provisions which by their nature are intended to survive termination shall continue after termination.
R. Indemnity
R1. Client Indemnity
To the extent permitted by applicable law, the Client agrees to indemnify HabFORGE against third-party claims, losses or reasonable costs arising directly from:
- the Client’s unlawful use of the services;
- the Client’s material breach of these Terms; or
- the Client’s infringement of a third party’s intellectual property or other legal rights.
This clause shall not apply to the extent that the relevant loss was caused by HabFORGE’s own breach, negligence, or unlawful conduct.
S. Limitation of Liability
S1. Exclusion of Certain Losses
To the maximum extent permitted by applicable law, HabFORGE shall not be liable for indirect, incidental, special, or consequential loss arising from the use of the services.
S2. Mandatory Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.
Nothing in these Terms is intended to exclude statutory consumer rights or remedies that cannot legally be waived.
S3. Liability Cap
To the maximum extent permitted by applicable law, HabFORGE’s aggregate contractual liability arising directly from a particular service shall not exceed the amount actually paid by the Client for that service during the relevant period.
T. Force Majeure
T1. Events Beyond Control
HabFORGE shall not be responsible for delay or inability to perform caused by circumstances beyond its reasonable control, including natural disasters, epidemic or pandemic events, governmental restrictions, infrastructure failures, internet or telecommunications failures, third-party platform failures, strikes, civil disturbance or other comparable events.
HabFORGE shall make reasonable efforts to resume affected services as soon as reasonably practicable.
U. Electronic Communications and Records
U1. Electronic Acceptance
The Client agrees that acceptance of these Terms electronically, including through a website, booking form, payment process, electronic acknowledgement or other digital mechanism, may constitute acceptance of the Terms to the extent recognised by applicable law.
Electronic communications, invoices, confirmations, and records may be maintained and relied upon as evidence of transactions and communications, subject to applicable law.
V. Amendments
V1. Changes to Services
HabFORGE may update services, pricing, processes, and operational arrangements. Changes to pricing shall apply to future purchases unless otherwise agreed.
V2. Changes to Terms
HabFORGE may amend these Terms from time to time to reflect changes in law, services, technology, business operations, or regulatory requirements.
Material amendments shall not retrospectively alter rights already accrued under a completed transaction except where required by law.
The version applicable to a Client’s purchase or enrolment shall ordinarily be the version communicated or made available at the time of that transaction, subject to subsequent amendments required by applicable law.
W. General Legal Provisions
W1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of India.
W2. Jurisdiction
Subject to the jurisdiction vested by applicable law in statutory authorities, consumer fora, tribunals or other competent bodies, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms or the services provided by HabFORGE.
Nothing in this clause shall prevent a consumer from approaching a forum or authority having jurisdiction under mandatory applicable law.
W3. Severability
If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in effect.
W4. Waiver
Failure or delay by either party in enforcing a provision shall not constitute a waiver of that provision or any other right.
W5. Entire Agreement
These Terms, together with the applicable programme-specific terms, purchase confirmation and Privacy Policy, constitute the agreement between HabFORGE and the Client concerning the relevant services, except for representations or commitments expressly incorporated into that agreement.
W6. No Agency
Nothing in these Terms creates a partnership, employment, agency, joint venture, or fiduciary relationship between HabFORGE and the Client.
W7. Assignment
The Client may not assign or transfer their rights or obligations under these Terms without HabFORGE’s prior written consent, except where such restriction is prohibited by applicable law.
HabFORGE may assign or transfer its rights and obligations in connection with a restructuring, merger, sale of business or similar transaction, subject to applicable law.
W8. Notices
Notices relating to these Terms may be provided electronically through the email address or other contact information provided by the Client.
X. Contact
For privacy-related requests, complaints or questions, Clients may contact HabFORGE using the contact details provided above.