1. INTRODUCTION
Fitonomy operates an interactive online platform and mobile app aiming to connect, and create new opportunities for, people who are, or want to become, sports and health conscious.
In order to be able to use the complete spectrum of Fitonomy products and services, a one time registration is required. However, certain content, including general descriptions of Fitonomy can be viewed without registration.
Fitonomy goal is to make sports enjoyable and to make a positive contribution to people’s health.
Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. Fitonomy neither substitutes your doctor, nor is Fitonomy responsible for your behavior. The contents of the fitonomyapp.com platform or Apps from Appostafat GmbH, regardless whether they are provided by Fitonomy, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies.
2. VALIDITY OF THE TERMS AND CONDITION
Fitonomy offers the interactive fitonomyapp.com platform and Fitonomy mobile app on the basis of these terms and conditions. By registering, the user consents to the validity of these terms and conditions and any agreements incorporated therein by reference.
Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these terms and conditions.
These terms and conditions shall apply to all points of access, including domains and mobile applications, for Fitonomy products and services. In particular, the Fitonomy online offering will be accessible via the following domain: fitonomyapp.com
3. SUBJECT OF THE AGREEMENT
Currently, Fitonomy essentially offers its users the following applications and information in the English Language: fitonomyapp.com platform, Personal profile page, including personal details, Exercises diary, including a clear overview of exercises activities, Statistics, analysis and comparisons concerning your exercises activities, Messaging system, in order to exchange personal messages, Training plans and records, as added by users, and presented and administered by Fitonomy, respectively, Routes, as added by users, and presented and administered by Fitonomy, respectively, News regarding Fitonomy in short form, Content, e.g. texts, pictures and 3D interactive animations, health and nutrition will be presented by Fitonomy and professional third parties, Mobile applications; Fitonomy Mobile, Fitonomy offers applications for Apple iPhones, Android phones and, other smartphones on a global scale.
These applications can be used both isolated on the smartphone as well as in connection with the fitonomyapp.com platform.
Subject to the user's consent, relevant data is transmitted from the smartphone to the fitonomyapp.com platform and shared with other social networks (e.g., Facebook), respectively.
The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
Additional terms and conditions on the part of the mobile phone providers apply. Other Services of Fitonomy
4. REGISTRATION
In order to be able to use the Fitonomy app platform, a one time, free registration is required. Fitonomy offers users two options of registering on the Fitonomy app platform.
By registering, the user confirms its knowledge and the unlimited recognition of the content of these terms and condition.
Each user shall register with Fitonomy once only, and confirms with its registration that it has not registered an account with Fitonomy before and has not deleted a previously activated user account.
A user can register in one of two ways:
For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or pseudonyms is not possible.
Adoption by Fitonomy of registration details provided by the user in the social network Facebook: Registration via Facebook Connect requires the user to confirm that the selected details, which the user previously provided on Facebook, shall be adopted by the Fitonomy network.
Following successful registration, the user can log on to the Fitonomy app platform by either entering its email address and the chosen password, or accomplishing the log-in via Facebook connect.
If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these terms and condition, Fitonomy will delete the corresponding account within a period of seven days.
Fitonomy reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
Fitonomy is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
A free starter package is offered, where only basic options and features are made available to users; Fitonomy has 3 in-app purchases, with all options and features made available to users.
Data deletion:
To delete your account including all data that has been registered in Fitonomy, please go to the Me tab> Settings > Delete Account, press Delete Account and on the prompt" are you sure you want to delete all your data from Fitonomy " tap yes.
5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
Fraud protection.
You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at support@fitonomyapp.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
Fitonomy will not refund any amounts paid by you to Fitonomy before you report an unauthorized or fraudulent use of your account.
Fitonomy has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
Promotions and Free Offers. Fitonomy may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
6. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
Subscription Requirement. In order to use the Fitonomy Premium Service for Premium Members, you must be a registered user of the Fitonomy app platform, and pay the stipulated price, if any, and any other fees or amounts associated with the Premium Services, by credit card or any other form of payment accepted by Fitonomy. If you are not a registered user of the Fitonomy app platform, you must register before you can execute the Subscription.
Payment.
Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.
Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems (Paypal, Credit Card, etc..). If Fitonomy is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges.
Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General Term and Conditions apply also to the Premium Members.
7. SPECIAL CONDITIONS FOR TRAINING PLAN USERS
Subscription Requirement. In order to use the Training Plan Services, you must be a registered user of Fitonomy app, and pay the stipulated price along with the VAT and any other fees or amounts associated with the Training Plan Services, by credit card or any other form of payment accepted by Fitonomy.
Application of Other Rules. Unless otherwise specified in this Section 7, all other provisions of these General Term and Conditions apply also to the Premium Members.
8. TERMINATION
Each user shall have the right to terminate the use of Fitonomy online platform at any time. Fitonomy shall confirm such termination vis-a-vis the user.
Additionally, Fitonomy reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.
All personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users' walls, will be anonymized, i.e., it will be made clear that such details were provided by a deleted user, or deleted, in the event of cancellation.
Upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to support@fitonomyapp.com, which shall include the email address provided to Fitonomy upon registration.
9. USER OBLIGATIONS AND CONDUCT
Each user of the Fitonomy platform must truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties; only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., if the user has the exclusive right to use such content or, in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Fitonomy that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content; not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal; not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam; not carry out any disrupting interference in the Fitonomy network by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Fitonomy software or hardware; not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner; provide prompt notice via email to support@fitonomyapp.com of any detected breaches of the aforementioned obligations; diligently care for the personal details and only allow such persons access to its own details that are close to the user; and regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Fitonomy shall not be responsible for any lost or impaired details.
10. BREACH OF USER OBLIGATIONS
In order to ensure the proper and reliable provision of services, Fitonomy imposes the following sanctions upon breach obligations by a user: warning; deletion of content; temporary deactivation of user account; and cancellation (irrevocable deactivation).
The type of sanction shall depend on the purpose, impact and type of the breach in light of Fitonomy and the user's interests.
In the event a user account shall be cancelled in accordance with this Section 10, the respective user shall not be permitted to register again.
11. CONTENT
Fitonomy permits its registered users to use the offered products and services in accordance with statutory law and these terms and condition, in order to upload, save, publish, distribute, transmit and share content with other users.
The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
The user consents that marketing measures may also be taken in the proximity of content created by such user.
Fitonomy shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to comply with statutory law, or court or administrative orders ensure compliance with these terms and condition; react to claims of breaches of law raised by third parties; or safeguard the rights, property or personal safety of Fitonomy, its users and the general public.
The user grants Fitonomy the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Fitonomy shall have the right to use, irrespective of the type of usage, all content both as part of the Fitonomy platform and any other activity of Fitonomy or any company affiliated with Fitonomy. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Fitonomy uses content created by a user outside the Fitonomy platform, Fitonomy shall note that such content was created by the user.
Fitonomy does not claim ownership of any content created by users and will not supervise such content.
Fitonomy reserves the right to delete content created by users, such as routes, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these terms and condititon, may be sanctioned in accordance with Section 10.
Fitonomy shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.
12. PRIVACY POLICY
Please see the separate Privacy Policy
13. REPRESENTATIONS AND WARRANTIES
Fitonomy does not represent or warrant that the Fitonomy app platform will be available at all times, or that it and the necessary Fitonomy app will be completely free from errors.
Fitonomy does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
The user uses the Fitonomy offering exclusively at its own risk. This applies, without limitation, to: the related use of any hardware, including, but not limited to, the respective smartphone. downloading of the user's own and third party content; and any use by the user of data created or provided by Fitonomy, including, but not limited to measured pulse or altitude details, or recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and Fitonomy does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
The use of any software or hardware offered by Fitonomy is no substitute for the consultation by the user of a specialized doctor.
Additionally, Fitonomy does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Fitonomy does not make any representations or warranties with respect to products or services of third party providers.
14. LIMITATION OF LIABILITY
Fitonomy shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Fitonomy has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Fitonomy shall not be liable to other businesses and shall be liable to consumers only for personal damages. Fitonomy shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
Unless required by statutory law, neither Fitonomy nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
Fitonomy assumes no liability for downloaded material or material obtained as a consequence of using the Fitonomy platforms. The Registered User is solely responsible for any damages caused by such materials to his smartphone system or for information that is lost as a consequence of downloading materials from the Fitonomy platform.
The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Fitonomy will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
15. INDEMNIFICATION BY USERS
The user shall indemnify Fitonomy for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Fitonomy platform by such user or as a result of any other usage by such user of applications available from Fitonomy. The user shall bear the costs of any legal proceedings, in which Fitonomy may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Fitonomy all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Fitonomy may be entitled to bring against the user shall not be affected.
16. CHANGES TO THE TERMS AND CONDITION
Fitonomy reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then current version of these T&C is available for viewing on the Fitonomy platform.
Changes to these T&C, other than changes to Section 3 require the consent of the respective user, to whom the changed T&C shall apply. If Fitonomy intends to implement such changes to these T&C, Fitonomy will give the user as much prior notice of such changes as possible. Such notice shall be made via email to the email address the user previously supplied, on the relevant pages of the Fitonomy platform, or on any other device through which the user accesses the Fitonomy services.
In the event that the user does not consent to the changed T&C, it shall not be permitted to any further use of the Fitonomy platform.
Following amendment of the T&C, the continued use of Fitonomy offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user's consent to the amended T&C.
Subject to Section 16, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
17. RETURN POLICY
Any returns must be made within 14 days of the date of delivery. All products must be unopened and in the original packaging to be considered for a refund. Any apparel items that are returned will only be eligible for an exchange. If interested in a return, please contact a support specialist at orders@fitonomyapp.com
Payments for the Fitonomy App Subscription are final and non-refundable.
18. MISCELLANEOUS
These T&C and all contractual relations and litigation between the users and Fitonomy shall be governed by Swiss law, excluding the conflict of law provisions of the United Nations Convention on Contracts for the International Sale of Goods.