Terms of Service

Updated: 24 July 2018

Applicability of Terms of Service

Welcome to Fitmo. These Terms of Service (hereafter: “Terms”) apply to any use of our website www.fitmo.com, of our related mobile Apps and/or of the lifestyle, work-out and nutrition recommendations provided to you (hereafter together or alone referred to as the “Services”). The Services are offered to you by FITMO INTERNATIONAL B.V. a company located in Amsterdam, at Reguliersdwarsstraat 73, 1017 BK Amsterdam, the Netherlands (hereafter: “FITMO”) taking into account these Terms and FITMO’s Privacy Policy . You can find more information about FITMO’s Services on www.fitmo.com. By using the Services, including, but not limited to, creating a FITMO account, you agree to the applicability of these Terms. If you do not agree, please do not use the Services in any way. 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 Services and terminate your account. Any modified Terms will also be posted on https://fitmo.com/legal. For that reason, FITMO also advises you to check here regularly.

Company accounts

If you have access to the Services or use the Services as an employee of a company or another legal entity, these Terms also apply to you. Please be aware that for the purpose of invoicing FITMO will share the number of active accounts of employees of a certain company or another legal entity, with such company or legal entity. Therefore you must use your company e-mail address to create the account. FITMO will not share any employee names of active or inactive accounts with employers.

These Terms also apply to the companies or other legal entities which provide their employees with the option to use the Services. If you act on behalf of a company or another entity, you declare that you have the required authorization and/or power of attorney to commit such company or entity to these Terms and that these Terms will be fully binding for such company or entity. In such a case, the use of “you” in these Terms refers to such company or entity. If you do not have such required authorization and/or power of attorney, you may not use the Services. These Services contain disclaimers of guarantees and limitations of liability which may apply to you.

How FITMO works

FITMO connects users with health professionals (hereafter: “Coaches”) and facilitates a remote coaching experience. Through our Services users can sign-up for an account. When you sign-up we ask you to enter some personal information. For information on how we use your personal data, we refer to our Privacy Policy. When you use the Services you may be asked to provide additional information about your overall health and your health goals. You are free to decide what additional information you wish to provide, either yourself or through third party services. Additional information is, among other things, your date of birth, gender, height, weight, fitness goals, past sports and/or work out activities, past injuries, character and lifestyle patterns (such as nutrition patterns, sleep patterns, hobbies, working hours, time to exercise). The Services contain tools to track your workout, nutritional and lifestyle data and for you to choose to share this data with your Coach. You are responsible for the data you provide (including but not limited to the correctness and accuracy thereof). The personal and additional information you provide enables your connected Coach to create a personal health program which may entail work-out, nutritional and lifestyle recommendations. Your progress will be made visible to your Coach. FITMO may offer you recommendations that will allow you to be better informed and to provide coaching, stimulation and motivation in any shape or form to optimize the benefits of your use of the Services.

Please be aware that the Services provided to you are based on the personal and additional information you provided in combination with generic information contained in our database. Therefore the Services might not always be fully correct and/or fully suitable to your personal situation. FITMO is not responsible for any damages you might incur by using our Services. FITMO disclaims all liability and gives no warranties or guarantees of any kind.

Access restrictions
You may only use the Services if you meet the following requirements:

1. 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 use the Services and your parent or guardian must accept these Terms.

2. You have checked and accorded our medical checklist set out below. It is very important that you read the medical checklist thoroughly. If you can answer one or more question(s) with a ‘yes’, then you cannot use the Services.

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?

3. You have created an account for which you have provided true, accurate, current and complete personal information which you undertake to maintain and timely update if applicable. If you have provided personal information which is not true, not accurate, not current or not complete, or if FITMO has reasonable grounds to believe the personal information you have provided is not true, not accurate, not current or not complete, FITMO has the right to suspend or terminate your account and to refuse the use of future Services to you.

Accounts

You are responsible to keep your account’s username and password confidential, to restrict access to your password, your mobile device and/or your personal computer when you are signed in to the Services, and to ensure that your e-mail address and other account details are correct and up-to-date. FITMO can never be held responsible or liable for any direct or indirect damages resulting from any unauthorized use of your username/password, with or without your knowledge. FITMO applies reasonable measures to prevent unauthorized access to your account. However, we cannot guarantee the absolute safety of your account, the content thereof or the personal information you provided, and we cannot guarantee that our safety measures will prevent all third parties or ‘hackers’ from obtaining illegal access to the Services or your personal information. You undertake to immediately notify FITMO at support@fitmo.com in the event you suspect or discover any unauthorized use of your account or any unauthorized access to your personal information.

Unauthorised use of Services
You may use the Services as they are intended. Any other use is prohibited unless agreed to by FITMO in writing. It is not allowed to misuse the Services in any way. You are not allowed to, among other things, alter the Services, 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 Services. You are not authorised to present the Services 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 Services will be investigated 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 in the event of unauthorized use.

Intellectual Property
The Services, 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 Services or any FITMO content in any way that infringes these rights. You may, among other things, not reproduce or reuse the Services, 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.

Services Disclaimer
The Services provide users with guidance and information on how to improve their fitness, health and nutrition, but are not developed by medical professionals or 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. The recommended training programs and exercises, even if they are tailored to individual users, do not constitute and 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 Services are intended only for use by individuals healthy enough to perform strenuous exercise. By becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services.

You should discontinue all exercise when it causes pain or severe discomfort, and you should consult a medical professional prior to returning to exercise in such cases. We reserve the right to deny you access to the Services with or without cause, including if we suspect or determine, in our sole discretion, that you may 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 Services you acknowledge and agree that your performance of any and all exercises or activities recommended by the Services is wholly at your own risk. Neither FITMO nor any of its partners and/or Coaches will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of the recommended activities. While you may receive 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 Services generated for you may not always be fully correct or fully 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 Services may be generated automatically. You are responsible for your decision to assess whether the Services are appropriate for you and to follow them or not. Therefore, we urge you to always contact a doctor or other medical professional in case of doubt with relation to a specific training program or exercise suggestion. Furthermore, if you have any questions or complaints relating to FITMO, the Services, please contact us at support@fitmo.com. The Services are provided to you by FITMO with the best possible care. However, FITMO can never guarantee the correctness of all the information on the Services and the suitability of it for a particular purpose. Furthermore, FITMO does not guarantee that your use of the Services 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 Services is at your own discretion and risk. FITMO gives no warranties of any kind, whether express or implied, including but not limited to fitness for a particular purpose. Except for cases of gross negligence or intent of FITMO (or its management) every liability for loss or damages (directly or indirectly) resulting from or related to the use of the Services is excluded. This includes but is not limited to any possible damages resulting from not being able to use the Services, unauthorised access and any consequences thereof, and any content or conduct of any third party on the Services. This also includes but is not limited to any damages and/or physical injury resulting from the Services provided to you. If you have paid for certain services every liability for loss or damages resulting from or related to the use of that paid service is limited to the amounts paid by you for that service during the 12 months preceding the event that caused the injury or damages. In no event shall FITMO be liable for indirect damages or loss. Services offered by third parties may be recommended on the Services and the Services may contain links to third party websites. Furthermore, within the Services 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 cannot in any way be responsible for your use of third party websites or services or for any results thereof.

General
Your use of the Services 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 Services, 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 District Court of Utrecht, The Netherlands, will have exclusive jurisdiction in the event of any legal dispute arising from or with relation to these Terms and/or your legal relationship with FITMO following from use of the Services. You hereby irrevocably 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 Services to any other venue. If you have any questions or remarks with relation to these Terms, the Services, please send an e-mail to support@fitmo.com

Refund policy
If you are ever unhappy with FITMO, please send us an e-mail at support@fitmo.comand we will take care of your complaint. If you had extended downtime (multiple hours in a day, or multiple days in a month) and you have not been able to use paid services for which you have paid, we will issue a partial credit to your account for the time you have not been able to use the paid service. You can upgrade or downgrade your account at any time within the paid services’ limits. We will charge or refund the difference between the paid services’ price for the remaining timeframe. FITMO cannot be held responsible for any transactions agreed to or made between users and Coaches outside of the Services.