FITMO’S LEGAL TERMS

Terms Of Service    |    Privacy Policy

TERMS OF SERVICE  (LAST UPDATE: 04 AUGUSTUS 2017)

Applicability of Terms

These Terms of Service (hereafter: “Terms”) apply to any use of our website www.fitmo.com including its subdomains and Apps (hereafter together or alone referred to as the “Website”). The Website is offered to you by FITMO INTERNATIONAL B.V. a company located in Amsterdam, at Reguliersdwarsstraat 73, 1017 BK Amsterdam, the Netherlands (hereafter: “FITMO”). By accessing the Website, you agree to the applicability of the Terms. If you do not agree, you may not use or access the Website in any way. In addition to that, you expressly accept the applicability of these Terms when you start to use our service and/or when you sign-up for an account at our Website. FITMO may change or amend these Terms at any time. If these Terms are modified you will be notified. Your continued use following such a notice will mean that you accept the modified Terms. If you do not agree, you must immediately stop any use of the Website and terminate your account. Any modified Terms of Service will also be posted on https://fitmo.com/legal. For that reason, FITMO also advises you to check here regularly.

Access restrictions

You may only use or access the Website if you are over the age of 16 years old. If you are between 16 and 18 years old, you must obtain the permission of your parent or guardian before you sign up and/or use the Website and your parent or guardian must accept these Terms. Furthermore, you may only use the Website or any part of our service if you have checked and accorded our medical checklist, shown below. It is very important that you check the list thoroughly and if can answer one or more question(s) with a ‘yes’, then you can not use the service. Medical checklist: * Has your doctor ever said that you have a heart condition and that you should only do physical activity recommended by a doctor? * Do you feel pain in your chest when you do physical activity? * In the past month, have you had chest pain when you were not doing physical activity? * Do you lose your balance because of dizziness or do you ever lose consciousness? * Do you have a bone or joint problem (for example, back, knee or hip) that could be made worse by a change in your physical activity)? * Is your doctor currently prescribing drugs (for example, water pills) for your blood pressure or heart condition? * Do you know of any other reason why you should not do physical activity?

How FITMO works

On the Website FITMO offers you our FITMO service. FITMO connects people with one and other and facilitates a remote coaching experience. The service might vary slightly depending on whether you are a health professional or a consumer using the service. The FITMO services focuses on connecting health professional with consumer-users looking for guidance via technology. At our Website both the consumer and the health professional (from now one referred to as “Coach”) can sign-up for a free account. When you sign-up we ask you to enter some personal data. For information on how we use your personal data see our Privacy Policy. You are responsible for keeping your username and password secure and for ensuring that your e-mail address and other account details are correct and up-to-date. FITMO can never be responsible for any damages etc. resulting from any unauthorised use of your username/password, with or without your knowledge. You must promptly notify us at support@fitmo.com if you discover any unauthorized use of your account. When you use the service you may be asked to enter additional information about your overall health and your health goals. You decide what information you enter and what not. Additional data used in the FITMO service is (amongst others) date of birth, gender, height, weight, fitness goal, past sports activities, past injuries, character, lifestyle patterns (nutrition patterns, sleep patterns, hobbies, working hours, time to exercise). Furthermore, FITMO provides a tracking service which tracks your workout and/or nutritional data. FITMO provides you with a set of tools to easily enter and amend your data. You are responsible for the data you enter (including but not limited to the correctness and accuracy thereof). Based on all the (additional) information you enter, your connected Coach can create a personal health program (which may entail work-out, nutritional and lifestyle recommendations). Your progress will be made visible to the people you choose to connect with. FITMO may offer you services that will allow you and your connected contacts to be better informed and provide coaching, stimulation and motivation in any shape or form. FITMO may offer you all kinds of services that are related to the services described above.

PLEASE BE AWARE THAT THE OUTPUT OF THE FITMO SERVICE IS BASED ON YOUR INPUT AND GENERIC INFORMATION CONTAINED IN OUR DATABASE. THEREFORE IT MIGHT NOT ALWAYS BE CORRECT AND/OR SUITABLE FOR YOUR PERSONAL SITUATION. FITMO IS NOT RESPONSIBLE FOR ANY DAMAGES YOU MIGHT INCUR BY USING OUR SERVICE. FITMO DISCLAIMS ALL LIABILITY AND GIVES NO WARRANTIES OF ANY KIND.

Paid services

On the Website FITMO offers you some paid services/applications. Additional terms might apply to these services, which you will have to read and accept before access is granted.

User generated content

Through your account you can enter your own content, such as new fitness exercises and workouts, new nutritional products, public posts, etc. Furthermore, you can exchange internal e-mails and short messages. You can decide which content you make available to the public and which content remains private. User generated content is any content, including but not limited to: communications, materials, information, opinions, photos, profiles, messages, notes, music, videos, designs, graphics) on the Website, not provided by FITMO. You are responsible for the content you enter. Under no circumstances your content may infringe on anyone’s (intellectual property) rights or otherwise be illegal, unlawful or tortuous against any other parties. You explicitly agree that you will not enter any content that is: (i) unlawful under the laws of any jurisdiction to which you and/or FITMO are subject; (ii) obscene, violent, threatening, hateful, discriminating or invasive of the privacy of another; (iii) containing confidential information and/or (iv) containing or transmitting software viruses. You may not take any action or post anything that may expose FITMO or its users to any harm or liability of any type. Please be relevant and constructive if you post any content. Stay on topic and only post constructive comments and questions. Unless the Website feature asks for it, don’t talk about policies, future products, speculations or rumours about FITMO, its products or anything else off topic. Also be courteous and appropriate. Do not harm, harass, intimidate or insult anyone. Furthermore, the Website may not be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever. Do not receive any payment from any third party in exchange for your performing commercial activity on the Website. You may not post content that involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam. Do not use automated scripts to collect information from or otherwise interact with the Website. You indemnify FITMO against any (infringement) claims by third parties and any other legal charges in connection with your use of our services and/or your content. If you are not the complete rightful owner of or fully entitled to use (and thus publish) your content (for instance because it contains third party elements, like music), you guarantee that you have gained all the required and essential licenses, rights and/or permissions, and that you have respected the moral rights of the third parties involved (for example by mentioning the name of the artist/author). FITMO is not responsible for and does not endorse content which is entered by account holders and/or the opinions and views stated in it. That is why FITMO does not accept any liability for entered content. Moreover, FITMO does not check prior to placement on the Website whether content might infringe on any third party rights or can otherwise be illegal. As an accountholder you understand that only you are responsible for the content you enter and possibly decide to make available on the public Website. FITMO reserves the right to check whether the content is appropriate for the FITMO Website and to remove or make inaccessible any entered content at any time at its own discretion. User generated content will not be used by FITMO, unless explicit permission from the proprietary owner is given. Coaches, or any other user of the FITMO Service, who choose to upload video materials, health programs or any other content of which they poses the copyrights, will not need to worry about FITMO claiming such rights. FITMO shall never use any content posted by users without explicit consent from the proprietary owner, nor shall FITMO attempt to claim any of the intellectual property rights. Your content, stays yours.

Report abuse

If anyone is of the opinion that content placed on the Website is unlawful, he/she can use the “Report Abuse” button at the message and/or file a complaint using the Report Abuse-form that can be found at http://support.fitmo.com/. After receiving such a complaint FITMO may remove the content or make it (temporarily) inaccessible. Under circumstances, FITMO may be legally obliged to provide your personal data if a complaining third party request your personal data. FITMO will inform you whenever a complaint is made with relation to your content.

Unauthorised use

You may use the Website as it is intended. Any other use is prohibited unless agreed to by FITMO in writing. It is not allowed to misuse the Website and/or its FITMO service in any way. You may (amongst others) not alter the Website or delete elements (content) posted by others, collect usernames, e-mail addresses, or other personal data. It is also not allowed to (try to) access someone else’s account. You must promptly notify us at support@fitmo.com if you discover any unauthorized use. Furthermore, you may not use any data mining, robots, scraping or similar data gathering methods with relation to the Website or the FITMO service. You are not authorised to present the Website or any part thereof in a “frame” or inline link on any other website. You may also not (try to) copy, decode, reverse engineer, decompile or disassemble the software used by us to provide the FITMO service. Unauthorised or illegal uses of the Website and/or its FITMO service will be investigation and FITMO reserves the right to take any actions it deems appropriate. FITMO may remove any content or make it (temporarily) inaccessible and may also (temporarily) deactivate an account.

Intellectual Property

The Website, any part thereof, the content and its underlying software (including but not limited to text, scripts, code, designs, graphics, photos, sounds, music, videos, applications and interactive features) are protected by intellectual property rights such as copyrights, trade names, trademarks and database rights. You may not use the Website or its FITMO service in any way that conflicts with these rights. You may (amongst others) not reproduce or reuse the Website, any part thereof, the content or its underlying software for other purposes than the personal use of the FITMO service. You may (amongst others) not exploit it commercially. Our trade names and trademarks include (without limitation) FITMO INTERNATIONAL B.V., FITness Motivator, FITMO, FITMO.COM, ‘GET FITMO’, ‘DON’T JUST GET FIT, GET FITMO’. Using our trademarks, trade names, copyrighted materials, databases, or other intellectual property protected items, without our prior permissions may constitute infringement.

Service Disclaimer

The service and training packages provide users with guidance and information on how to improve their fitness, health and nutrition, but are not developed by 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 training programs and exercises, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment.  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 is solely at your own risk.

The service and training packages are intended for use only by individuals healthy enough to perform strenuous exercise. In becoming a user of the service and training packages, you affirm that a physician has specifically approved your use of the services.

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 service and training packages for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the service and/or training packages, you acknowledge and agree that your performance of any and all exercises or activities recommended by the service and/or training packages is wholly at your own risk. Neither FITMO nor any of its partners and/or trainers using FITMO platform will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended training packages. 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.

Exclusion of warranties and liability

The output generated for you by the FITMO service may not always be correct or suitable for you. This can for example be caused by omissions in the information provided by you, by a temporary failure of the software, or just because the output of the FITMO service is generated automatically. You are responsible for following the output or not. Therefore, we urge you to always contact a doctor or other professional in case of doubt with relation to a specific programme or suggestion. Furthermore, if you have any questions or complaints with relation to FITMO, please contact us at support@fitmo.com. The Website and its FITMO service are provided to you by FITMO with the best possible care. However, FITMO can never guarantee the correctness of all the information on the Website and the FITMO service and the suitability of it for a particular purpose. Furthermore, FITMO does not guarantee that your use of the Website and/or the FITMO service will be uninterrupted, secure or error-free. We can never be held liable for any loss of data due to technical interruptions. The use of the Website and the FITMO service is at your own discretion and risk. FITMO gives no warranties of any kind, whether express or implied, including but not limited to: merchantability, fitness for a particular purpose, title and non-infringement. Except for cases of gross negligence or guilt of FITMO (or its management) every liability for loss or damages (directly or indirectly) resulting from or related to the use of the Website and/or the FIMO service is excluded. This includes but is not limited to any possible damages etc. resulting from not being able to use the Website or its FITMO service, unauthorised access and any consequences thereof, and any content or conduct of any third party on the Website. This also includes but is not limited to any damages etc. resulting from following an advise the FITMO service provided you with. If you have paid for certain services every liability for loss or damages resulting from or related to the use of that service is limited to the amounts paid by you for that service during the 12 months preceding the event that caused the loss or damages. In no event FITMO shall be liable for indirect damages or loss. Services offered by third parties may be recommended on the Website and the Website may contain links to third party websites. Furthermore, within the FITMO service it is possible to import data from third parties and/or create a link to third party services or products. Please be advised that you are solely responsible for such imports and that on the use of such third party services or products other terms might / will apply. We advise you to always read such terms before you use a service or product and whenever you visit a website provided to you by any third party. FITMO can not in any way be responsible for your use of third party websites or services or for any results thereof. Our service allows you the option to publish about the actions you take on the Website to Facebook, Twitter and other social platforms. FITMO does not control which information gets disseminated on participating social platforms. You can deactivate this publishing feature on your profile page of the third party social platform. You are solely responsible for your interactions with other users of our Website, whether online or offline in person. FITMO is not responsible or liable for any loss or damage resulting from any interaction with other users of our Website or persons you meet through the Website. You should take reasonable precautions in all interactions with other users, whether online or offline, and conduct any necessary investigation before meeting another person.

General

Your use of the Website and its FITMO service is at the sole discretion of FITMO. FITMO may terminate your account and may deny you to further use it, for example in cases of misuse. You can also terminate your use at any time. Any and all provisions related to or regarding liability, disclaimers and indemnification contained in the Terms, shall survive any termination of a user’s account, a termination of use of the Website and/or its FITMO service, a denial of use or termination of the Terms. If any provision of these Terms is determined to be unlawful, void, or for any reason be unenforceable, then that provision shall be deemed severable for the Terms, and this shall not affect the validity and enforceability of any remaining provisions. These Terms and your legal relationship with FITMO will be governed and construed in accordance with the laws of The Netherlands, without giving effect to any principles of conflicts of law. The court in Utrecht, The Netherlands, will have exclusive jurisdiction to take note of any legal dispute arising from or with relation to these Terms and/or your legal relationship with FITMO following from use of the Website. You hereby irrevocable waive any right (to the fullest extent permitted by law) to object to the jurisdiction of the aforementioned venue and to bring any case arising from or with relation to these Terms and/or your legal relationship with FITMO following from use of the Website to any other venue. If you have any questions or remarks with relation to these Terms, our Website or the FITMO service, please send an e-mail to support@fitmo.com

Refund policy

If you’re ever unhappy with FITMO, just send us an email at support@fitmo.com and we’ll take care of you. If you had extended downtime (multiple hours in a day, or multiple days in a month) we’d issue a partial credit to your account. You can upgrade or downgrade your account at any time within the plan’s limits. We will charge or refund the difference between the plans price for the remaining timeframe. FITMO will only charge the Coaches for the use of the Service. FITMO can not be held responsible for any transactions agreed to or made outside of the FITMO platform.

PRIVACY POLICY (last update: 04 Augustus 2017)

This is the Privacy Policy of our website www.fitmo.com (hereafter: “Website”. The Website is offered to you by FITMO INTERNATIONAL B.V. a company located in Amsterdam, at Barbara Strozzilaan 101, 1083 HN Amsterdam, the Netherlands. This Privacy Policy sets forth which personal data FITMO INTERNATIONAL B.V. (hereafter: “Fitmo” or “we”) uses and how.

Use of Personal Data

When you sign-up at our Website and whenever you subsequently use or services (i.e.create an account) we may ask you to enter some personal data about yourself, such as your first name, last name, mobile phone number and e-mail address. Furthermore, you can activate the option to link to other websites such as Facebook, LinkedIn and Hyves or with other (online) services provided to you by third parties such as Garmin, Nike and Runkeeper. In such case, we may receive data (such as social content or sensor-generated content) concerning you from them.

We will use this personal data to create an account and to send activation and confirmation e-mails to you. We may also use your e-mail address to send you notifications, for instance when you receive a message from another user of our website. Furthermore, we may use some of your personal data to provide certain information or motivation services to you. You can choose which services you would like to receive through your account settings. If you no longer wish to receive certain services, please change your account settings.

We may also send you information about certain third-party services or products if we feel that these might of interest to you. We will not provide your personal data to these third parties.

When you use our FITMO service you can choose to enter more personal data into your account, such as your address, date of birth, gender, length, weight, injuries, lifestyle, tracked workout data, nutrition etc. We will solely use this data to provide the FITMO service to you.

Furthermore, we may use all personal data for business intelligence purposes such as making business statistics. If possible we will anonymize any output thereof.

We will not use your personal data for any other purposes without informing you prior to that.

Minors

If you are between 15 and 18 years old, you must obtain the permission of your parent or guardian before you sign up and/or use the Website.

Access, contact, cancellation and opt out

You can always access and – if necessary – change your own personal data in your account. If you would like to know what data we have with relation to you, if you would like to change it or have it removed, or if you have any other questions relating to this privacy policy, you can always contact us by sending an e-mail to privacy@fitmo.com.

Furthermore, you can cancel or inactivate your registration at any time or change your account settings if you no longer wish to receive certain information or services (opt-out). If you cancel your registration we will delete all your personal data within 1 year from cancellation.

Protection of your data and confidentiality

We use adequate technical and organisation means to protect your personal data and we will keep your personal data strictly confidential. However, our service is web-based and therefore is not always 100% safe. Please be aware of the personal data you enter. Furthermore, it is your own responsibility to keep your username and password secret

Within your account, you decide what data you wish to make available on the public website and what data remains private. However, because our service is offered through the internet, we can never guarantee 100% privacy. Please be aware of this. Furthermore, it is possible to enter video’s to make available on the public website. Please realise what you publish and that these videos will be available worldwide. These videos may not contain any other persons without their unambiguously, informed and expressly given consent.

Use of cookies and visitor registration

Cookies are small text files which are saved on your hard disk or in the memory of your computer. We use cookies to record the preferences (such as your username and/or password) you have entered. Basically, cookies can not damage your computer or the files on your computer. If you do not want to accept cookies you can indicate so in your browser, but it is possible that some features of the website will not work properly without cookies.

When you visit our website we may also collect so-called “click stream” data (server address, domain name etc.). This information can be combined with information you have provided to us (for instance by registering), which will enable us to analyse and better customize your visits. This information will be saved for no longer than one year.

Other

We may extend or change our Privacy Policy in the future. Changes will be available on our website. Therefore, it is useful to check it regularly. If the Privacy Policy is extended or changed you will be notified. The new Privacy Policy will be applicable to any subsequent use of our services.

We have notified the Dutch Data Protection Authority (College Bescherming Persoonsgegevens) of our website and the personal data we process in the course of our service.