Terms of Service

  1. Preliminary provisions

    1. The Fitebo Internet platform, available at https://fitebo.com, is operated by Digital Rep Sp. z o.o., registered office address: Chmielna 2/31, 00-020 Warszawa, PL, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0000915075, share capital: 5 000,00 zł, Tax Identification Number (NIP): 5252872328, company statistical number (REGON): 389664477.

    2. This document is addressed to end users of the Platform, and sets out the principles of use of the Platform, and the principles and procedures for concluding distance contracts for the provision of Services via the Platform.

    3. The platform provides access to tools, designed to:

      1. help Trainers in creating training plans for themselves and/or their Clients, in order to improve the physical condition of the Trainer and/or their Clients

      2. make it easier for Trainers to manage the data of Clients who use their services

    4. By accepting the provisions of the Terms of Service, the Trainer represents that he/she has the appropriate knowledge, education, licenses, training, certifications and permits necessary to prepare Training Plans in a manner consistent with the law and with the purpose to improve the health and physical condition of the Client.

  2. Definitions

    1. Service Provider - Digital Rep Sp. z o.o., registered office address: Chmielna 2/31, 00-020 Warszawa, PL, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0000915075, share capital: 5 000,00 zł, Tax Identification Number (NIP): 5252872328, company statistical number (REGON): 389664477.

    2. Platform - the Internet platform operated by the Service Provider at the Internet address https://fitebo.com

    3. Trainer - any entity using the services provided by the Service Provider via the Platform

    4. Client - a natural person who uses the services of the Trainer and receives materials prepared by the Trainer via the Platform

    5. Terms of Service – this document, including its attachments

    6. Account - an account created by the Trainer on the Platform, enabling the use of services provided by the Service Provider

    7. Registration form - the form available on the Platform, enabling the creation of an Account on the Platform

    8. Client Card - a subpage on the Platform, created by the Trainer within their Account with the consent of the Client, containing details and data about the Client

    9. Training Plan - a subpage of the Platform containing a training plan created by the Trainer with the use of the tools available on the Platform, and based on the database of exercises available on the Platform

    10. Printout of Training Plan (also referred to as Printout) - a representation of the Training Plan in the form of a PDF file that a Trainer can download to their device

    11. Client App – web application, available at the Internet address https://client.fitebo.com

    12. Paid Services - services provided by the Service Provider on the Platform after the Trainer has purchased a subscription, for the duration of the subscription validity

    13. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation on data protection).

  3. Contact with the Service Provider

    1. Contact with the service provider is possible via:

      1. the contact form available at the Internet address https://fitebo.com/en/contact.

      2. e-mail to help[at]fitebo.com

  4. Technical requirements

    1. The following technical requirements must be met to use the Platform:

      1. Having access to a device capable of displaying an image with a resolution of min. 1280 x 800 pixels

      2. Having access to the Internet with a recommended speed of min. 8Mbit/s

      3. Having a web browser with an active support of JavaScript and Cookies

      4. Having software that can open PDF files

      5. Having an active email account

    2. The Service Provider recommends using the latest version of one of the following web browsers: Google Chrome, Mozilla Firefox, Opera, Microsoft Edge.

    3. The use of the Platform with different software or an out-of-date version of the browsers indicated in paragraph 4.b is possible, but may result in the incorrect display of the content and the malfunctioning of the functionalities provided within the Platform.

    4. Service Provider recommends regular updating of the operating system, as well as the use of anti-virus software with up-to-date virus databases, in order to reduce the risk of interference by third parties in the transmission of data between the Trainer and Service Provider via the Internet.

  5. General information

    1. Service Provider, to the fullest extent permitted by law, shall not be liable for disturbances, including interruptions in the functioning of the Platform, caused by force majeure or the unauthorized actions of third parties.

  6. Types of services provided and their scope

    1. Services are provided by the Service Provider electronically

    2. Creating an Account on the Platform is free of charge

    3. A free Account gives the Trainer the opportunity to try out the functionalities made available within the Platform

    4. The functionality of the free Account is limited as follows:

      1. It is allowed to have a maximum of two Client Cards

      2. It is allowed to have a maximum of two Training Plans

      3. Each Printout of Training Plan contains a watermark indicating that the Printout was created using your free Account on the Platform.

      4. The ability to add your own logo (visible on each Printout of Training Plan) is blocked.

      5. The ability to grant a Client access to the Client App is blocked.

    5. At any time during the use of a free Account, Trainer may elect to purchase a subscription that will change the limitations of the Account. For the period of validity of the subscription:

      1. It will be permissible to have Client Cards in the number specified by the package purchased.

      2. It will be permissible to have an unlimited number of Training Plans, subject to the rules set forth in paragraph 9.d of the Terms of Service.

      3. Printouts will be devoid of watermarks.

      4. The ability to add your own logo (visible on each Printout of Training Plan) will be available.

      5. The ability to grant a Client access to the Client App will be available.

    6. Current package types and pricing can be reviewed at https://fitebo.com main page.

    7. Client App

      1. Client App is a web application, available at the Internet address https://client.fitebo.com.

      2. Client App is intended for Clients and access is granted by the Trainer.

      3. By granting a Client access to the Client App, the trainer declares that:

        • (1) They have previously obtained the Client’s consent to create the account

        • (2) They authorize the Service Provider to contact the Client directly via e-mail for purposes related to servicing the Client’s account in the Client App, including but not limited to sending the data necessary to sign in to the account.

      4. Upon granting access by the Trainer, the Client will receive an e-mail from the Service Provider containing the necessary information to sign in to the Client App.

      5. Considering the role of the Data Administrator performed by the Trainer, as referred to in point 11 of the Terms of Service and point 3.b. of the Privacy Policy:

        • (1) The Service Provider undertakes to fulfill the information obligation towards the Client who is a user of the Client App related to the processing of their personal data, including in particular making available for their inspection, as part of their account in the Client App, the Privacy Policy specifying the Data Administrator, the purposes and methods of processing their data. You can read the template of this privacy policy here […].

        • (2) The Trainer undertakes to enable the Clients who are users of the Client App to exercise their rights related to the processing of their data, as well as to independently perform the duties related to the exercise of the rights of the individual regulated in art 14-22 GDPR.

      6. Within the Client App, the Client can, among others:

        • (1) View training plans, prepared by the Trainer,

        • (2) Keep an interactive workout log, based on the training plans provided by the Trainer,

        • (3) Send reports to the Trainer,

        • (4) View, add, edit, and delete measurements entered by themselves or the Trainer,

        • (5) View, add, and delete photos added by themselves or the Trainer.

      7. Access to the Client App is available only as part of a valid subscription, purchased by the Trainer.

      8. The Trainer acknowledges and agrees that

        • (1) the Client App is a direct extension of the Client Card on the Platform. In particular, in the event that the trainer deletes the Client from the Platform or deletes their Account, the Client will lose access to the Client App, as well as all data entered within it.

        • (2) Should the Trainer fail to renew their subscription, the access to their clients’ accounts in the Client App will be disabled.

  7. Payment for Paid Services

    1. Subscription can be purchased as a one-time payment in advance only

    2. Month is the basic billing period for Paid Services provided by the Service Provider. The Service Provider declares, and the Trainer declares that he understands and acknowledges that each time the wording "month" should be understood as 30 days.

    3. The subscription is available in 3 variants of its validity period:

      1. 1 month

      2. 3 months

      3. 6 months

    4. When the subscription expires, the Account will be re-imposed with the restrictions detailed in paragraph 6.d of the Terms of Service. Additionally:

      1. If the total number of Client Cards created by the Trainer exceeds two, only the first two (created earliest) will be fully functional. The remaining ones will be inactive, i.e. in particular it will not be possible to preview or edit them. No data will be deleted from the servers, and after purchasing a subscription again they will become fully available to the Trainer..

      2. If the total number of Training Plans created by the Trainer exceeds two, only the first two (created earliest) will be fully functional. The remaining ones will be inactive, i.e. in particular it will not be possible to preview, download, edit or create new plans based on them. No data will be deleted from the servers, and after purchasing a subscription again they will become fully available to the Trainer.

      3. Clients who have been granted access to the Client App will lose access to it (until the trainer repurchases the subscription).

    5. The Trainer may renew the subscription using an appropriate option available after logging in to the Platform 5 days before the expiry of current subscription, and may also purchase the subscription at any later time.

    6. Payment is made through the online payment operator Paynow, who offers its services through the website www.paynow.pl/, on terms specified in the regulations of this service.

    7. The payment card operator, for payments made via Paynow, is Autopay S.A., ul. Powstańców Warszawy 6, Sopot, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number 0000320590, Tax Identification Number (NIP) 585-13-51-185.

      Available payment forms for payment cards are: Visa, Visa Electron, Mastercard, MasterCard Elecrtonic, Maserto.

    8. The purchased subscription is activated on the Trainer's account immediately after obtaining positive payment authorization.

    9. A change of package prices does not constitute an amendment to the Terms of Service.

    10. Changes to package prices will not affect payments made prior to the effective date of the changes

  8. Performance of the contract

    1. The contract for the provision of Services between the Trainer and the Service Provider is concluded through the creation of an Account by the Trainer on the Platform using the registration form

    2. The contract can only be concluded under the following conditions are met:

      1. Providing an active e-mail address by the Trainer in the registration form. The e-mail address must belong to the Trainer and will serve as login to the Platform, as well as will be used for correspondence in matters related to use of the services.

      2. Acceptance of the Terms of Service by the Trainer

    3. The Service Provider reserves that during the period of maintenance work on the IT systems, access to the services provided within the Platform may be difficult or impossible; the Service Provider undertakes to make every effort to ensure that such difficulties occur as rarely and for the shortest time possible.

    4. The Trainer may withdraw from the Agreement within 14 days of its conclusion without giving any reason. In such a case, the Trainer shall submit to the Service Provider a declaration of withdrawal from the Agreement in writing to the address of the Service Provider's registered office indicated in point 1.a. of the Regulations or by contacting the Service Provider via the contact form available at https://fitebo.com/en/contact, whereby the day of submitting the declaration of withdrawal from the Agreement shall be deemed to be the day of sending the declaration - such declaration must be sent before the deadline for withdrawal from the Agreement. In the event of withdrawal from the Agreement, all payments shall be returned to the Trainer immediately, but no later than within 14 days from the day on which the Service Provider received the declaration of withdrawal from the Agreement. The payment shall be returned using the same payment methods that were used by the Trainer, unless the Trainer has expressly indicated another method of payment return, which, however, will not involve any fees for the Trainer.

  9. General terms and conditions for the use of the Services by the Trainer

    1. The Trainer is obligated to protect the confidentiality of the data used to access their Account on the Platform, in particular by not disclosing this data to third parties

    2. It is prohibited for the same person to have more than one account on the Platform

    3. It is forbidden to share a single account between two or more persons, in particular for a Trainer to make their login data for the Platform available to third parties

    4. The Client Card is a representation of the data of a single individual. In particular, it is prohibited to:

      1. Enter the data of more than one individual in one Client Card

      2. Create a Training Plan, assigning it within the Platform to one Client, with the intent of sharing it with more than one individual

      The Trainer, therefore, agrees to fairly and accurately adhere to the limit of Clients as per the package he/she has purchased.

    5. The Trainer agrees that the content created by him/her with the use of the Platform:

      1. Does not infringe on the rights and freedoms of others

      2. Is in no way unethical

      3. Does not in any way promote or allude to the values of: religious, cultural, sexual sphere and sexual preferences and political preferences

      4. Does not incite racism, xenophobia or any manifestation of aggression and violence

  1. Personal Data of Trainers and information about Cookies

    1. The rules of processing of the Trainer's personal data and the rules of using Cookies by the Service Provider are described in the Privacy Policy available at https://fitebo.com/en/privacy_policy.

  2. Personal Data of Clients

    1. Trainer, as part of the Services provided on the Platform, has the ability to enter and store the data of his/her Clients using the Client Card functionality. In order to start using the Client Card functionality, it is required to enter into a Data Processing Agreement.

    2. To conclude the Data Processing Agreement, the Trainer shall complete Data Processing Agreement form available in the account settings on the Platform.

    3. It will not be possible to enter a Client's personal information into the Client Card until the Data Processing Agreement is concluded.

    4. Concluding the Data Processing Agreement is required to finalize a purchase of a subscription and consequently to use paid services on the Platform.

    5. Detailed terms and conditions for the processing of personal data of Clients are described in the Data Processing Agreement, the template of which is available at https://fitebo.com/en/dpa.

  3. Intellectual Property and Licensing

    1. Service Provider is the sole owner of all intellectual property rights related to the Platform.

    2. As part of providing the Paid Services, Service Provider grants Trainer a time-limited, non-exclusive, non-transferable license entitling Trainer to use the materials made available on the Platform.

    3. The license referenced in paragraph 12.b is granted solely for the Trainer's own use related to serving the Trainer's Clients. This license entitles the Trainer to:

      1. display materials made available on the Platform on the screen of a computer, tablet or phone owned by the Trainer

      2. save Training Plans on any storage media and print them

    4. Any activities beyond the License referenced in paragraph 12.b, including but not limited to:

      1. copying the content of the Platform or parts of it

      2. copying, saving, sharing images and/or graphics made available on the Platform in any way other than specified in paragraph 12.c

      are prohibited without the written consent of the Service Provider.

  1. Complaints

    1. Complaints about the functioning of the Platform should be submitted electronically via the contact form available at https://fitebo.com/en/contact.

    2. The complaint should include:

      1. The Trainer's email address to which the account was registered

      2. Date and time of occurrence of the event to which the claim relates

      3. A detailed description of the event to which the complaint relates

    3. The complaint shall be submitted within 14 days from the occurrence of the event to which the complaint refers. The day of lodging a complaint is the day on which the Service Provider receives the message sent through the form as specified in paragraph 13.a

    4. Service Provider will respond to the complaint within 14 days of receiving a valid complaint as specified in paragraphs 13.a and 13.b. In the case of receipt of an incomplete complaint, Service Provider will call the Trainer to complete it.

    5. Service Provider will respond to the complaint via email to the email address provided by Trainer in the complaint submission.

    6. In the event of the need to return funds, the Service Provider shall refund the payment using the same payment method used by the Trainer, unless the Trainer has expressly agreed to another method of refund that does not involve any costs for him.

  2. The right to delete a Trainer's account

    1. The Trainer can, at any time and without giving any reason, delete their account using the appropriate option available after logging in to the Platform

    2. For the security of the Trainer's account, the removal procedure takes 7 days, and a total of 3 notifications will be sent to the email address associated with the Trainer's account:

      1. Immediately after the submission of the request to delete the account

      2. Three days before the account is deleted

      3. One day before the account is deleted

    3. During the period referenced in paragraph 14.b, the Trainer may cancel the request to delete the account by using the appropriate option available after logging in to the Platform.

    4. Account deletion will not affect any payment obligations incurred prior to the date of account deletion.

    5. Deletion of an account results in:

      1. Termination by the Trainer with immediate effect of the contract for the provision of paid services on the Platform (if applicable).

      2. Termination by the Trainer with immediate effect of the contract for the provision of free services on the Platform

      3. Deletion of data entrusted as part of the Data Processing Agreement, including but not limited to Training Plans and Charge Cards (if applicable).

      4. Disabling Clients’ access to the Client App and deleting all data entered by the Clients within the Client App.

      5. Disabling the Trainer's access to the account on the Platform and archiving the Trainer's other personal data, including, but not limited to, email address, first name, last name, company name, address data. Archived data will be deleted after 3 years.

    6. Deletion of the Trainer's account before the end of the period for which a subscription was purchased does not entitle the Trainer to receive a refund of all or part of the fees paid to the Service Provider.

  3. Procedure in the event of violation of the law or the Terms of Service by the Trainer

    1. In the event that a Trainer's activity on the Platform violates the provisions of Polish law or the Terms of Service, in particular, but not limited to provisions referenced in paragraph 9.d of the Terms of Service, Service Provider will call the Trainer to cease these activities via:

      1. E-mail message sent to the email address provided during registration for an account on the Platform

      2. Displayed information after logging in to the Trainer's account on the Platform

    2. The Service Provider, in the request referred to in point 15.a, shall set a minimum period of 7 days for the Trainer to cease the violating activities.

    3. In the case of failure to cease the actions referred to in section 15.a within the specified period, the Service Provider is entitled to:

      1. Place a block on the Trainer's account, preventing the re-purchase of subscription and, consequently, refuse to provide paid services to the Trainer.

      2. Terminate with immediate effect the contract for the provision of paid services on the Platform (if applicable)

      3. Terminate with immediate effect the contract for the provision of free services on the Platform

      4. Delete the account along with any data entered by the Trainer on the Platform, including but not limited to Training Plans and Client Cards.

    4. Service Provider shall not be liable for any damages incurred by the Trainer as a result of steps listed in point 15.c, taken against the Trainer in a situation where the Trainer violated the law or the Terms of Service and did not cease these actions after being called to by the Service Provider. In particular, the Trainer is not entitled to a refund of payments made for the purchased subscriptions.

    5. The Service Provider reserves the right not to work with Trainers whose account has been blocked or deleted as a result of violating the law or the Terms of Service, and to block the Trainer's email address before re-establishing an account on the Platform.

  4. Final provisions

    1. The Terms of Service shall be in force from the date of its publication until further notice.

    2. Service Provider will inform about any changes in the Terms of Service by e-mail at least 14 days before their entry into force.

    3. Trainer may refuse to accept the amended Terms of Service by terminating the Contract. Failure to terminate the Contract prior to the effective date of any changes to the Terms of Service shall be deemed acceptance of such changes and a willingness to continue the Contract on the changed terms.

    4. The Contract between the Trainer and Service Provider, relating to services provided by the Service Provider on the Platform, on terms and conditions set forth herein, shall be governed by Polish law.

    5. Any disputes arising from the application of the provisions of the Terms of Service shall be settled amicably by the Trainer and Service Provider, and in case of failure to reach an agreement, any disputes shall be resolved by common Polish courts of general jurisdiction.

    6. In the event that any claims are made against the Service Provider, the Trainer agrees to take, at his/her expense and risk, all legal action to provide adequate protection against third party claims and to pay all costs and losses associated therewith.