Applicability of Terms of Service

Welcome to Fitmo. These Terms of Service (hereafter: “Terms”) apply to any use of our website www.fitmo.com and of our related mobile Apps (hereafter together or alone referred to as the “Services”) as a health professional (hereafter: “Coach”)  for providing lifestyle, work-out and nutrition recommendations to our users. 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 . By using the Services, including, but not limited to, creating a FITMO Coach 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/terms-of-service. For that reason, FITMO also advises you to check here regularly.

How FITMO works

FITMO connects users with Coaches and facilitates a remote coaching experience. Through our Services Coaches 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. You are responsible for the data you provide (including but not limited to the correctness and accuracy thereof). The personal information you provide enables you to interact with your connected users, to provide your connected users with a personal health program which may entail work-out, nutritional and lifestyle recommendations. Your user’s progress will be made visible to you through the Services. 

FITMO may offer you Coaching guidelines that FITMO will need you to carefully read and adhere to in order to maintain a high quality coaching level and guarantee our users the best experience. Furthermore, FITMO may offer you updates of the Services which we ask you to become familiar with as soon as possible after release to optimize the benefits of the use of the Services for you and our users. 

 

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 ro to the personal information of users connected to you.

Communications with users

Coaches are prohibited to have contact and/or communications in any way about lifestyle, work-out and nutrition recommendations whatsoever with users with whom they have been connected by and through FITMO, outside of the Services. FITMO needs to be able to store and monitor your communications with users in case these communications is even needed in the event of a legal dispute.

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

Coaches need to be aware that the Services can only provide users with guidance and information on how to improve their fitness, health and nutrition. Coaches can never imply vis-à-vis users that the Services are developed by medical professionals or a medical organization, nor that users may rely on this guidance and information as a substitute for, or replacement of professional medical advice, diagnosis, or treatment. Coaches should encourage users to 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 uses have any concerns or questions about their health, Coaches should advise them to consult with a physician or other healthcare professional. 

You should advise users to discontinue all exercise when it causes them pain or severe discomfort, and to 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 failed to properly monitor and/or advise your connected user’s medical conditions.

We assume all Coaches are 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 you have the responsibility to recommend the right lifestyle, work-out and nutrition recommendations to our users. 

Neither FITMO nor any of its partners will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of your lifestyle, work-out and nutrition recommendations to users. 

Exclusion of warranties and liability 

The Services are provided to you by FITMO with the best possible care. 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

Non-compete

For a period of two years after a Coach has stopped using the Services, coaches are prohibited from contacting users with whom they have been connected by and through the FITMO Services, outside of the Services in order to provide lifestyle, work-out and nutrition recommendations. For the same period, Coaches are prohibited from contacting any companies or other entities who offered FITMO’s Services to their employees at the time the Coach used the Services.

Confidentiality

By using the Services, Coaches acknowledge the privacy sensitivity of the personal information they obtain about the users with whom they are connected. Coaches agree to keep all personal user information strictly confidential for third parties at all times.

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