General terms, conditions & Privacy policy

  1. Introduction

The following General Terms and Conditions of Business set out the legal framework for using FitKeeper and the services that we offer. Read these General Terms and Conditions of Business carefully.

  1. Objectives

2.1 Parties to the contract and subject matter of the contract

These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, FITKEEPER APPS SL, (hereinafter referred to as “us” or “we”). The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name FitKeeper via our website www.fitkeeperapp.com, other FitKeeper websites or via our software applications (hereinafter referred to individually as “FitKeeper Service” or collectively as “FitKeeper Services” or in general “FitKeeper”).

2.2 Terms and conditions for participating

A condition for opening a user account and using the FitKeeper Services is that you are at least 18 years of age and have full legal capacity.
FitKeeper is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of FitKeeper for commercial purposes of any kind is expressly prohibited.

2.3 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for individual FitKeeper Services. We will, however, notify you of this in good time prior to use.

  1. FitKeeper´s Services and Prices

3.1 Services free of charge or for a fee

The services included in FitKeeper and the FitKeeper Services and available for use by you depends on the type of FitKeeper Service and whether you use the FitKeeper Services free of charge or for a fee. If you use it free of charge you only have access to certain basic functions and information of the respective FitKeeper Service. More functions are available to you if you enable the respective modules separately in return for a unique payment or as part of a subscription.

Please note that in order to use some of the FitKeeper Services to the full extent, certain equipment may be required and these need to be provided or purchased by you separately at your own costs.

3.2 Prices

Consult the App Store or Google Play FitKeeper page for information about pricing and subscription models and the services that these include. All prices stated include the applicable VAT.

  1. Your health

4.1 Terms and conditions regarding your health

Use of the FitKeeper Services is at your own risk.
In any case, a condition for the use of the FitKeeper Services is that you must be in a good general state of health. If you have knowledge of any medical illnesses we advise you to look for medical advice urgently before you start the FitKeeper Services.
In case of FitKeeper Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.
In addition, our female athletes should note that pregnant women and breastfeeding mothers should not do the training and coachings offered by us.
Before using the FitKeeper Services for the first time or while using FitKeeper, if you have any doubts about your health consult your doctor before starting or continuing with FitKeeper.

The explanations of the exercises and routines included in the App are just for orientation. In any case, they are recommendations for the user.

In case of any injury induced from the practice of sports or while using the App, the responsible for the injury will be the user, and in no case Fitkeeper.

4.2 No substitute for medical advice

The services and information offered by FitKeeper and the FitKeeper Services do not constitute medical advice or a doctor’s advice. They are not a substitute for a medical examination or treatment by a doctor.

4.3 Training and dietary methods

Fitness and nutritional advice is subject to constantly evolving knowledge related to health science, nutritional science and sports science. We base our training and nutritional tips on current studies and knowledge, but we do not guarantee that these reflect the most updated research findings or knowledge.

  1. Your user account

5.1 Registration process

In order to use some of the FitKeeper Services you may first register and open a user account.

  1. Conclusion of a Contract

6.1 Registration via mobile apps

When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier. The contract is generally formed when you click on the “Install” field in the relevant app store and, if necessary, enter your password in question.

6.2 Conclusion of a contract for one-off additional services for a fee or for subscriptions

You can purchase additional services by paying a unique fee or as part of a subscription. If you purchase the additional service via your mobile app, the contract is formed when you click on the field “Buy”, or similar, as part of an in-app purchase and, if necessary, enter your password in the app store in question.

6.3 Correction of input errors

If you would like to purchase an additional service or a subscription via our mobile app as part of an in-app purchase, we will not ask you for any further billing or payment details because you will purchase the service via your app store account. Please contact the relevant app-store supplier if you would like to correct any mistake.

  1. The validity of the contract

7.1 User contract

The user contract concluded between you and us once you install any FitKeeper app is valid for an indefinite period.

7.3 Subscriptions

Our subscriptions are automatically renewed for the minimum term that has been selected until it is canceled by you or us.

In order to avoid any misunderstanding, please note that the term of a subscription is determined by the calendar and is independent of your use of the FitKeeper Service.

  1. Terms and conditions of payment

8.1 Collection of fees

Payments are collected for the relevant minimum term when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period. Different terms and conditions apply if the fee is collected via iTunes; in this case, the fee is collected 24 hours before the start of the respective billing period.

8.2 Payment default

We reserve the right to assert further claims for late payments.

  1. Payment methods

If you purchase FitKeeper services for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult this supplier to find out what payment methods are available.

  1. Right to cancel

10.1 Cancellation policy

If you want to cancel any subscription:

if you are an iOS user you can do it from the App Store ( Tap on “ Apple ID” > “See Apple ID” > “Subscriptions”).

If you are an Android user you can do it from Google Play ( Tap on “Menu” > “Account” > “Subscriptions”).

  1. Liability for defects

11.1 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the FitKeeper Services will bring results intended by you. We do not promise a concrete success.

  1. Liability

12.1 General

Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed or set up properly.

 

  1. Rights of use over FitKeeper content

Depending on the services enabled for you, or which services you have purchased, The services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. For the avoidance of doubt, we draw your attention to the fact that in particular distributing our content or making it publicly available, is not permitted. The right of use will end when your access to the respective service is no longer enabled or when your user contract ends.

Some of the images included in the application are licensed under Creative Commons and have been collected from db.everkinetic.com.

  1. Responsibility for user-generated content

14.1 Disclaimer of responsibility for third-party content

You are the only one responsible for the content that you add within the FitKeeper Services. We accept no responsibility for this content.

14.2 Compliance with statutory provisions

When supplying your own content you are obliged to comply with all the applicable laws and other legislation referred to personality rights or intellectual property rights. Regardless of whether or not it constitutes a criminal offense, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.

You are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights. In particular, you must also hold the necessary rights over your profile picture or any other picture you post, such as the pictures you choose for the exercises you add to the App.

We are entitled to remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract.

14.3 Indemnification

If you infringe the principles mentioned in clause 14.2 and this is your fault, you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and other claims.

  1. Ending the contract

15.1 User contract

You have the right to cancel your user account at any time, without stating any reasons, and also ending your user contract. To do this you have to contact us via the contact form available at fitkeeperapp.com. Please note that after you have canceled your user account we will delete all the content you added and you will no longer have access to content you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.

We are entitled to cancel the user contract or the subscription without stating any reasons by giving a two weeks’ written notice, but no before the end of the minimum contractual term or at the end of the renewal period of your subscription.

15.2 Subscription

Every subscription for a FitKeeper Service must be canceled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. Subscriptions purchased via in-app purchase must be canceled using the settings in the respective app store. If your subscription fee is collected via iTunes, contrary to the provisions above a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons. Your user account and any other subscriptions will continue to exist after you have canceled your subscription.

15.3 Cancellation for good cause

The right to cancel for good cause remains unaffected in the case of either party. In particular, we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations.

  1. Personal data

We process your personal data in accordance with our privacy policy; you can always read the current version of these in this document at “Privacy Policy”.

  1. Changes of the General Terms and Conditions of Business

We reserve the right to change or modify these General Terms and Conditions of Business with future effect. We will advise you of the changes by email no later than two weeks before the new version of the General Terms and Conditions of Business is scheduled to enter into force. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use FitKeeper, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation.

  1. Final Provisions

18.1 Severability clause

Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

Privacy Policy

This privacy policy governs your use of the mobile application FitKeeper.

What information does the Application obtain and how is it used?

User Provided Information

FitKeeper obtains the information you provide when you download and register the Application. Registration with us is optional. However, you may not be able to use some of the features offered by the Application unless you register with us.

When you register and use the Application, you give us this information:

Information related to transactions, such as when you make purchases, respond to any offers, or download or use our applications; Information you provide when you contact us for help and;  information you enter into our system when using the Application, such as contact information.

We may also use the information you provided us to contact you from time to time to provide you with important information, notices and marketing promotions unless you unsubscribe.

Automatically Collected Information

The Application may also collect certain information automatically, including the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Does the Application collect precise real-time location information of the device?

FitKeeper does not collect precise information about the location of your mobile device.

Do third parties have access to information obtained by FitKeeper?

Only anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

Personal Data is collected for the following purposes:

What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes available in your mobile device or via the mobile application store or network. You can also request to opt-out via the contact form available at  www.fitkeeperapp.com.

To exercise these rights, contact us at support@fitkeeper-offline.local and we will answer as soon as possible.

Data Retention Policy, Managing Your Information.

We will retain User Provided data for as long as you use the Application and for a reasonable time and thereafter we may store it in aggregate. If you’d like us to delete the User Data you have provided via the Application, please contact us via the contact form available at fitkeeperapp.com and we will respond in a reasonable time. Note that some or all of the User Provided Data may be required in order for the Application to work properly.

Children

We do not use the Application to solicit data from children under the age of 14. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us through the contact form available at www.fitkeeperapp.com. We will delete such information from our files within a reasonable time.

Security

We provide physical, electronic, and procedural safeguards to protect the information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Methods of processing

FitKeeper takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to FitKeeper, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this App (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by FitKeeper.

Changes

This Privacy Policy may be updated for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email. You are advised to consult this Privacy Policy regularly for any changes, as continued use is understood as approval of all changes. You can check this policy at www.fitkeeperapp.com.

Your Consent

By using the Application, you are consenting our processing of your information as set forth in this Privacy Policy now.

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us through the contact form available at www.fitkeeperapp.com.