Terms and Conditions
In order to provide you with the highest level of Service through our application, services, features, software or website, we need you to accept our Terms and Conditions ("Terms and Conditions"). Registration and installation of, or access to or use of, our application, services, features, software or website constitutes acceptance of these Terms and Conditions.
I. Our Services
The services described below are provided by "FITSY Sp. z o. o. ", located at ul. Michałowicza 12, in Bielsko-Biała, registered in the Polish National Court Register under KRS 0000853348, REGON 386695278, NIP 5472220088.
FITSY App. Our app is the most intuitive software for personal trainers. We provide our users with: generating professional workout plans, nutritional plans, keeping and organizing a calendar, using a database of exercises, workouts and programs, as well as other functions supporting the conduct of clients by personal trainers. By consulting with professional personal trainers we have created the perfect tool to organize trainers' work.
Ways to improve our Services. In order to improve all aspects of our Services described here, we analyze how you use the FITSY application, which includes helping companies using FITSY measure the effectiveness and distribution of their services. FITSY uses the information it has and works with partners, service providers and affiliates to do so.
Safety. We act to protect the safety of FITSY by dealing appropriately with abusers and violators of our Terms and Conditions. We prohibit inappropriate use of our Services, harmful behavior toward others, and violations of our Terms of Service and policies, and we address situations where we may be able to offer support to and protect our community. We are developing automated systems to improve our ability to detect and remove abusers and activities that may harm our community and the security of our Services.
Global access to our Services. In order for us to operate our Service globally, it is necessary to store and distribute content and information in data centers and systems around the world, including outside your country of residence. Infrastructure may be owned or operated by our Service providers or affiliates.
II. Information about our Services
Registration. Our Services require registration with your name and email address. Additionally, the User can add his/her lastname, current mobile phone number, date of birth, gender, fill in the public profile fields - city, country, fill in the "about me" field, attach links directing to social media profiles (such as i. e. Facebook, Instagram etc. ) and to the website.
Age. Users residing in a country in the European Region must be at least 16 years of age (or have reached the minimum age requirement in their country) to register for and use our Services. Users residing in any other country, except for countries in the European Region, must be at least 13 years old (or the minimum age in their country) to register for and use our Services. In addition to being required to reach the minimum age to use our Services under applicable law, if you are not of legal age to accept our Terms and Conditions, a parent or legal guardian must do so on your behalf.
Devices and Software. User must provide certain hardware, software and data connections to use our Services, which we do not provide. To use our Services, you agree to manually or automatically download and install updates to our Services. You also agree that we may send you periodic notifications through FITSY as necessary to provide you with the Services.
Fees and Taxes. You are responsible for all carrier data plans, Internet charges and other taxes and fees associated with your use of our Services. If you use the app outside of an area with Wi-Fi access, please note that you are still bound by the terms of your contract with your mobile carrier. As a result, you may be charged by your mobile network operator for data costs for the duration of your connection while using the app or other third-party charges. By using the app, you assume responsibility for all such charges, including data roaming charges, if you use the app outside your territory (i. e. region or country) without disabling data roaming. If you are not the bill payer for the device on which you use the app, please note that we assume that you have received the bill payer's permission to use the app.
As administrators, before downloading, obtaining, charging any costs arising from the use of the FITSY application, we ensure that we inform you in advance and obtain your consent.
IV. Permitted Use of Our Services
Terms and Conditions. Users are required to use our Services in accordance with the Terms and Conditions. If you violate these Terms, we may take action against your account, including suspending, deactivating or deleting your account. You may not create another account without our permission.
Legality and Acceptable Use. You may use our Services only for lawful purposes and in accordance with the purpose of the application. You may not use our Services (or help others use our Services) in any manner that: (a) violates or abuses the rights of FITSY, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) is unlawful, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or in any manner that provokes or encourages unlawful or otherwise objectionable conduct, including the promotion of violent crime; (c) involves the publication of false or misleading content; (d) impersonates anyone; or (e) involves the sending of illegal or impermissible messages; (f) binds you to any use of our Services for any purpose that is incompatible with the purpose of the FITSY application, unless we permit it.
Harm to FITSY or our users. Users may not (either personally or in association with another person) directly, indirectly, by automated means or otherwise, access, use, copy, adapt, modify, create derivative works from, distribute, license, sublicense, transfer, display, perform or otherwise exploit our Services in any manner that is unacceptable or unauthorized, or in any manner that constitutes a burden on us or harms us, our Services, our systems, our users or others, including directly or by automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, extract code from, or otherwise modify our Services; (b) transmit, store or upload viruses or other harmful computer code to or through our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) compromise the security or performance of our Services; (e) create accounts for our Services in an unauthorized or automated manner; (f) collect users information or information about users in an impermissible or unauthorized manner; (g) sell, resell or otherwise charge for our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they can be accessed on multiple devices simultaneously, except in a manner authorized by the tools we expressly make available through our Services; (i) or create software or APIs that function substantially the same as our Services or offer them for use by third parties in an unauthorized manner.
Keeping your account secure. You are responsible for maintaining the security of your device and your FITSY account, and you must notify us immediately of any unauthorized use of your account or our Services or any breach of their security or the rules listed in these Terms.
V. External services
User Rights. User must have the necessary rights to the information he submits to his FITSY account or through our Services and the right to grant the rights and licenses in our Terms of Service.
FITSY Rights. FITSY Sp. z o. o. owns all copyrights, trademarks, domain names, logos, trademarks, trade secrets, patents and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, utility marks, patents or other intellectual property rights without our express permission.
FITSY License for User. We grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of allowing you to use our Services as permitted by the Terms. You are not granted any licenses or implied rights, or any rights other than those expressly and unambiguously granted to you. Some features of the FITSY application will require an additional license (for the extended scope of the FITSY application) fee in order to run them.
Report infringements of third party copyrights, trademarks and other intellectual property rights. FITSY Sp. z o. o. shall have the right to take appropriate action against the User's account, including the right to block, suspend or terminate the User's account if the User infringes the intellectual property rights of others.
As FITSY Sp. z o. o. We will use all reasonable care and due diligence in providing the services of the FITSY application and will ensure that the application is safe, secure and the environment is fault-free, however we do not guarantee that the FITSY application will always operate without hindrance, delay or imperfection. Your use of our Services is at your own risk and subject to the exclusions below. We provide our services in a state known to you without any expressed or implied warranties, including but not limited to; warranties of merchantability, fitness for a particular purpose, legal title, freedom from infringement, and freedom from computer viruses or other harmful code. We do not warrant the accuracy, completeness or usefulness of the information we provide or the functionality, faultlessness, security of our services or that they will operate without interruption, delay or imperfection. We do not review or are not responsible for reviewing how or when our users use our services or the features or interfaces of our services. We are not responsible for controlling, and have no obligation to control, the actions or information (including content) of our Users or other third parties. User releases us, our subsidiaries, affiliates and our management, senior and junior employees, partners and agents (collectively, "FITSY-side entities") from any responsibility against all claims, complaints, actions or disputes (collectively, "claims") and damages, known and unknown, arising out of, relating to or in any way connected with such claim by User against third parties. Your rights under FITSY are not affected by this disclaimer unless permitted by the laws of your country of residence that apply as a result of your use of our services. If you are a resident of the United States, you waive §1542 of the California Civil Code, according to which: the general exemption does not cover claims in favor of a creditor that the creditor did not know about and did not suspect existed at the time of granting the waiver, and which, if he had known about them, would have materially affected his settlement with the debtor.
VIII. Limitation of Liability
Our aggregate liability relating to, arising out of or in any way connected with the Terms, us or our Services shall be limited to damages that are reasonably foreseeable (excluding liability for death, personal injury or misrepresentation) and shall not exceed the amount paid by you to us in the preceding twelve months.
User rights against FITSY Sp. z o. o. shall not be affected by the foregoing limitation, except as permitted by the laws of his or her country of residence that apply as a result of his or her use of our services.
FITSY Sp. z o. o. is not liable for any loss, direct or indirect, that you experience as a result of your complete reliance on the functionality of the FITSY application. This provision should be understood in the broadest possible sense. FITSY Sp. z o. o. is not liable for improper selection of training, nutrition and other plans by trainers and Users using the application. The Company is also not responsible for improper, excessive or unreasonable use, adherence to workout, nutrition and other plans available on the FITSY app. Every workout, nutrition and other plan should be consulted with a professional and responsible personal trainer. If necessary, your doctor should also be consulted about the plan. FITSY Sp. z o. o. is not responsible for the physical, athletic, or other progress of the app's users.
IX. Assumption of Liability
If anyone makes a claim ("external claim") against us in connection with your actions, information or content on the FITSY application, you will, to the extent permitted by law, assume from those on the FITSY side all liability for damages, losses and expenses of any kind (including reasonable legal fees and costs) relating to or arising out of or in any way connected with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your violation of our Terms and Conditions or applicable law; (c) any misrepresentation by you. User will cooperate with us to the fullest extent possible in the handling of third party claims. Your rights against FITSY shall not be affected by the foregoing assumption of liability unless permitted by the laws of your country of residence that apply as a result of your use of our Services.
X. Dispute Resolution
Any disputes arising between the User of FITSY application and FITSY Sp. z o. o. shall be submitted for settlement to the Polish court having jurisdiction over the registered office of FITSY Sp. z o. o.
XI. Availability and Termination of our Services
Availability of our Services. As FITSY Sp. z o. o. We strive to continually improve our Services. Accordingly, we may add or remove particular Services, features, functionality and support for certain devices and platforms to the FITSY application. There may be interruptions to our Services, including interruptions for maintenance, repairs, upgrades, or interruptions due to network or equipment failures. We may disable some or all of the Services, including certain features and support for certain devices and platforms, at any time with seven days' notice where practicable. Events beyond our control, e. g. natural disasters and other acts of God, may affect our Services. Accordingly, FITSY Sp. z o. o. does not take responsibility for their occurrence and possible negative consequences for Users. However, every effort will be made to minimize any possible negative effects.
Termination. Our goal is for you to be satisfied with the performance of the application, however, you may terminate your relationship with FITSY at any time for any reason by deleting your account.
We may modify, suspend or disable your access to or use of our Services at any time because of suspicious or illegal conduct, including fraud or if we reasonably believe that you have violated our Terms of Service or exposed us, our users or others to harm, risk or potential legal liability. The following provisions will remain valid even after the termination of your relationship with FITSY: "Licenses", "Disclaimers", "Limitation of Liability", "Assumption of Liability", "Dispute Resolution", "Availability and Termination of our Services", "Other Provisions". If you believe that the deactivation or suspension of your account was wrongful, please contact us by email at: firstname.lastname@example.org.
XII. Other Provisions
Unless otherwise specified in an agreement between us and you, our Terms and Conditions constitute the entire agreement between us with respect to FITSY and our Services and supersede any prior agreements.
Our Services are not intended for distribution or use in a country where such distribution or use would otherwise violate local law or subject us to the laws of another country. We reserve the right to restrict our Services in any country.
You agree to comply with all applicable export control and trade sanctions laws in the United States and elsewhere ("Export Laws"). You will not directly or indirectly export, re-export, deliver or otherwise transfer our Services: (a) to any person, entity or country prohibited by the Export Laws; (b) to any person on government lists of prohibited entities inside and outside the United States; or (c) for any purpose prohibited by the Export Laws, including nuclear, chemical or biological weapons or missile technology applications without government authorization. You will not use or download our Services if you reside in a prohibited country, if you are currently listed as a prohibited party in the United States or elsewhere, or for any purpose prohibited by the Export Act, and you will not conceal your location by using a proxy address or other methods.
Any amendment or waiver of our Terms and Conditions requires our expressed consent. The User has the right to terminate the contractual relationship with FITSY Sp. z o. o. at any time by deleting his account.
All of our rights and obligations under our Terms and Conditions may be freely transferred by us to any of our affiliates in connection with a merger, acquisition, restructuring, sale of assets or by operation of law or otherwise; and we may transfer your information to any of our affiliates, successors or new owners in connection therewith. In the event of such assignment, these Terms will continue to govern your relationship with such third party. We hope that users will continue to use the FITSY application; however, failure to accept such assignment means you must stop using our Services by deleting your account.
You must not assign any of your rights or obligations under our Terms and Conditions to any other person without our prior written consent.
Nothing in these Terms and Conditions shall relieve us from compliance with the law.
Except as otherwise provided in the Terms and Conditions, it does not confer any third party beneficiary rights.
Inability to enforce these Terms and Conditions shall not be deemed a waiver of their provisions.
If any provision of the Terms and Conditions is found to be illegal, invalid or for any reason unenforceable, then that provision will be deemed severed from the Terms and Conditions and will not affect the validity and enforceability of the remaining provisions of the Terms and Conditions and the remaining provisions of the Terms and Conditions will remain valid.
We reserve all rights not expressly granted by us to you. In the event that a claim is adjudicated by a court other than the courts of Poland, we declare that our Terms and Conditions are not intended to limit such consumer rights that cannot be contractually waived. Also, our Terms and Conditions are not intended to limit such rights, which cannot be waived by contract.
We value all feedback and other suggestions from users regarding the FITSY application and our Services, however, for the sake of maintaining work efficiency and continuing to improve our FITSY application, we are under no obligation to provide feedback (responses) or suggestions and that they allow us to use that feedback without obligation to pay compensation.
As part of our customer service, we undertake to comply with the contractual provisions of the agreements with our business partners (e. g. Google Play, Apple). Therefore, if you have purchased a paid license, we will respond to you within 3 business days, and within 24 hours for any support or product related requests that Google designates as urgent.
We may update our Terms of Service from time to time. You are therefore advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
SThe Parties are bound by the Regulations drawn up in the Polish language.
In matters not covered by these Regulations generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 101, item 926, as amended); the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 101, item 926, as amended); the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 101, item 926, as amended). U. 2020, pos. 344); and other applicable provisions of generally applicable Polish law.
XIII. Contact us
If you have any questions or suggestions regarding our Terms and Conditions, please do not hesitate to contact us: email@example.com.Date of Last Revision: 18.02.2021