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Terms of Service

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. Web Application - the website operated by the Service Provider at https://fitebo.com.
3. Mobile Application – the Fitebo application, available for download on mobile devices from Google Play and Apple App Store.
4. Platform – the Web Application and the Mobile Application jointly.
5. Trainer - any entity using the services provided by the Service Provider as specified in the Terms of Service.
6. Client - a person using the Trainer's services, whose data has been entered by the Trainer in the form of a Client Card.
7. Terms of Service - these Terms of Service, together with appendices and addenda.
8. Account - an account created by the Trainer on the Platform enabling the use of services provided by the Service Provider.
9. Client Card - a subpage on the Platform created by the Trainer within the Trainer's Account, with the Client's consent, containing the Client's data.
10. Training Plan - a subpage on the Platform containing the Trainer's original training plan prepared using the tools available on the Platform and based on the exercise database available on the Platform.
11. Printout of Training Plan (also referred to as Printout) - a representation of a Training Plan in the form of a PDF file.
12. Fitebo Companion - a mobile application for the Trainer's Clients, available for download on mobile devices from Google Play and Apple App Store.
13. Services - services provided by the Service Provider, in particular the functionalities of the Platform, to the Trainer via the Platform.
14. Features – all features available within the Platform, in particular: Client Card, Training Plan Creator, and Fitebo Companion.
15. 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 Data Protection Regulation).
16. Mobile Store – an application store through which the Mobile Application is made available, i.e. Apple App Store or Google Play.
17. Mobile Subscription – a renewable subscription enabling access to the Platform Features, purchased in the Mobile Application via the Mobile Store and billed by the provider of that Mobile Store.
18. Data Processing Agreement or DPA – an addendum to the Service Agreement specifying the rules for the processing by the Service Provider of personal data entrusted by the Trainer in connection with the use of the Platform, available at https://fitebo.com/en/dpa.
Preliminary provisions
1. The Fitebo online 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 maintained by 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, NIP: 5252872328, REGON: 389664477.
2. These Terms of Service are addressed to Platform users and specify the rules for the use of the Platform as well as the rules and procedure for concluding Service Agreements with the Trainer remotely via the Platform.
3. The Platform provides access to tools:
  1. facilitating Trainers in preparing training plans for themselves and/or for their Clients;
  2. facilitating Trainers in managing the data of Clients using their training services.
4. By accepting the provisions of the Terms of Service, the Trainer declares that the Trainer possesses the knowledge, education, licences, training, certificates, and permits necessary to prepare Training Plans in a manner compliant with the law and serving to improve the health and physical fitness of the Client.
Contact with the Service Provider
1. The Service Provider may be contacted via:
  1. the contact form available at https://fitebo.com/en/contact
  2. email at help[at]fitebo.com
Technical requirements
1. In order to use the Platform, the following technical requirements must be met:
  1. Internet access with a recommended speed of at least 8 Mbit/s
  2. an internet browser with JavaScript and Cookies enabled
  3. software enabling PDF files to be opened
  4. an active email account
  5. the Service Provider recommends using the latest version of one of the following internet browsers: Google Chrome, Mozilla Firefox, Opera, Microsoft Edge.
2. In order to use the Web Application, the following additional technical requirements must be met:
  1. access to an end device enabling image display at a resolution of at least 1280 x 800 pixels
3. In order to use the Mobile Application, the following additional technical requirements must be met:
  1. access to an end device enabling installation of the Mobile Application in accordance with the requirements specified in Google Play and Apple App Store
4. Using the Platform without meeting the above technical requirements may result in incorrect display of content, incorrect functioning of the Features available within the Platform, and/or a complete inability to use the services provided via the Platform.
5. The Service Provider recommends regularly updating the operating system and using antivirus software with up-to-date virus databases in order to reduce the risk of interference by third parties in the data transmission between the Trainer and the Service Provider via the Internet.
Platform Features and payment
1. Access to the Platform Features requires an active Account. An Account on the Platform is created by completing the registration form in the Web Application or the Mobile Application.
2. The created Account enables the Trainer to use the Features both through the Web Application and the Mobile Application.
3. The Features may be used after a purchase is made in accordance with the current price list available on the Platform or in accordance with the offer presented to the Trainer in the Mobile Application before the purchase of a Mobile Subscription.
4. A purchase may be made in the form of:
  1. a one-time upfront payment; or
  2. activation of a renewable subscription automatically processed every month via the PayPal system; or
  3. purchase of a Mobile Subscription in the Mobile Application via the relevant Mobile Store.
5. For each form of purchase, the Trainer purchases access to the Features in accordance with the selected package of the number of clients. The selected package determines the permitted number of Client Cards that may be held on the Account.
6. The basic billing period for services provided by the Service Provider is one Month. In the case of purchases made directly on the Platform, each reference to a "month" means a period of 30 days. The preceding sentence does not apply to Mobile Subscriptions, for which the billing period and renewal date are determined by the relevant Mobile Store in accordance with the terms of the offer presented to the Trainer before the purchase.
7. Purchase in the form of a one-time upfront payment is available in the following variants of the period for which the Features will remain active on the Account:
  1. 1 month,
  2. 3 months,
  3. 6 months,
  4. 12 months.
8. If a renewable subscription is selected:
  1. the fee is charged automatically every month via the PayPal payment system.
  2. the user may cancel the renewable subscription at any time via the user's PayPal account or in the Platform settings.
  3. cancellation of the renewable subscription causes the service to remain active until the end of the current billing period and it will not be automatically renewed for the next billing period.
  4. failure to make a timely payment under the renewable subscription, for example due to insufficient funds in the account or technical issues on the PayPal side, may result in automatic termination of the subscription.
9. After the end of the period paid for by the Trainer, access to the Features will be blocked.
10. For purchases made in PLN (Polish zloty) in the form of a one-time payment, payment is processed via the Paynow online payment operator, offering its services through www.paynow.pl, on the terms set out in that service's regulations.
  
  The entity providing online payment services for transactions processed via Paynow, with respect to card payments, is Autopay S.A. with its registered office in Sopot at ul. Powstańców Warszawy 6, registered in the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number 0000320590, NIP: 585-13-51-185.
  
  The available payment card methods are: Visa, Visa Electron, Mastercard, MasterCard Electronic, and Maestro.
11. For purchases made in EUR (euro) in the form of a one-time payment, payment is processed via the Stripe online payment operator, offering services through www.stripe.com, on the terms set out in that service's regulations.
12. For purchases made directly on the Platform in the form of renewable payments, payment is processed via the PayPal online payment operator, offering its services through www.paypal.com/, on the terms set out in that service's regulations.
13. For purchases made directly on the Platform, the purchased service is activated on the Trainer's account immediately after positive payment authorisation is obtained.
14. A change of prices does not constitute an amendment to the Terms of Service.
15. A change of prices will not affect payments made before the changes enter into force.
Purchases in the Mobile Application
1. The Trainer may purchase access to the Platform Features in the Mobile Application in the form of a Mobile Subscription.
2. The Mobile Subscription is offered and billed via the relevant Mobile Store, in accordance with the rules and regulations in force in that Mobile Store.
3. The fee for the Mobile Subscription is charged by the relevant Mobile Store at the frequency indicated in the offer presented to the Trainer in the Mobile Application before the purchase.
4. The Mobile Subscription renews automatically for subsequent billing periods unless the Trainer cancels it no later than before the end of the current billing period, in accordance with the rules of the relevant Mobile Store.
5. Cancellation of the Mobile Subscription takes place exclusively via the user account in the relevant Mobile Store. Deleting the Mobile Application from the device, logging out of the Mobile Application, or deleting the Account on the Platform does not constitute cancellation of the Mobile Subscription.
6. After effective cancellation of the Mobile Subscription, access to the Platform Features remains active until the end of the paid billing period, unless mandatory provisions of law or the terms of the relevant Mobile Store provide otherwise.
7. Activation of the purchased Mobile Subscription occurs immediately after the Service Provider receives confirmation of the transaction from the relevant Mobile Store.
8. If payment is not obtained or transaction authorisation is reversed by the relevant Mobile Store, the Service Provider has the right to refuse activation of the Mobile Subscription or block access to paid Features until the payment status is clarified.
9. If the Service Provider provides such technical functionality, purchasing access to the Platform Features via the Mobile Application may result in activation of access to the same Features also in the Web Application, provided that the Trainer uses the same Account.
10. To the extent not regulated in the Terms of Service, the terms of the relevant Mobile Store and mandatory provisions of law apply to Mobile Subscriptions.
Fitebo Companion
1. Fitebo Companion is a mobile application available in app stores for mobile devices with Android and iOS systems.
2. Fitebo Companion is intended for Clients, and access is granted to the Client by the Trainer.
3. Access to Fitebo Companion is possible only within the scope of the Trainer's paid access to the Platform Features.
4. By granting a Client access to Fitebo Companion, the Trainer declares that:
  1. the Trainer has previously obtained the Client's consent to create an account.
  2. the Trainer authorises the Service Provider to contact the Client directly via email for purposes related to the maintenance of the Client's account in Fitebo Companion, including, among other things, sending the information necessary to log into the account.
5. After access is granted by the Trainer, the Client will receive an email from the Service Provider containing the information necessary to log into Fitebo Companion.
6. Taking into account the role of the Trainer as the Controller, as referred to in Section 12 of the Terms of Service and Section 3.b of the Privacy Policy:
  1. the Service Provider undertakes to fulfil, towards the Client who is a user of Fitebo Companion, the information obligation related to the processing of the Client's personal data, including in particular making available for the Client's review, within the Client's account in Fitebo Companion, the Privacy Policy specifying the Controller of personal data, the purposes, and the manner of processing such data. A template of such Privacy Policy may be reviewed here [...].
  2. the Trainer undertakes to enable Clients who are users of Fitebo Companion to exercise their rights related to the processing of their data, and to independently perform the obligations related to the exercise of data subject rights set out in Articles 14-22 GDPR.
7. Within Fitebo Companion, the Client may, among other things:
  1. view Training Plans made available by the Trainer,
  2. keep an interactive workout log based on Training Plans shared by the Trainer,
  3. send reports to the Trainer,
  4. view, add, edit, and delete measurements entered by the Client or by the Trainer,
  5. view, add, and delete photographs added by the Client or by the Trainer.
  6. exchange messages with the Trainer using the chat function.
8. The Trainer declares that the Trainer understands and acknowledges that:
  1. Fitebo Companion constitutes a direct extension of the Client Card on the Platform. In particular, if the Trainer deletes the Client from the Platform or deletes the Trainer's Account, the Client will lose access to Fitebo Companion as well as all data entered within it.
  2. If the Trainer fails to pay for the subscription, access of the Trainer's Clients to their accounts in Fitebo Companion will be disabled.
Trial Period
1. Upon creation of the Account, the Service Provider activates free access to all Platform Features on the Account (hereinafter referred to as the Trial Period).
2. The Trial Period will remain active for 14 days and will allow the creation of a maximum of 30 (thirty) Client Cards.
3. After the end of the Trial Period, access to the Features will be blocked.
Performance of the Service Agreement
1. The Services are provided by the Service Provider electronically.
2. The Service Agreement (these Terms of Service) between the Trainer and the Service Provider is concluded by the Trainer creating an Account on the Platform by means of the registration form.
3. A condition for concluding the Service Agreement is:
  1. the Trainer providing, in the registration form, an active email address which will be used by the Trainer as the login for the Platform and also for correspondence regarding the use of the services
  2. acceptance by the Trainer of the Terms of Service, including the Data Processing Agreement constituting an addendum to the Service Agreement.
4. At the moment of creating the Account and accepting the Terms of Service, the Trainer also concludes a Data Processing Agreement with the Service Provider, to the extent and insofar as, in connection with the use of the Platform, the Trainer entrusts the Service Provider with personal data for processing, of which the Trainer is the controller or which the Trainer processes as an entity authorised to further entrust such data in accordance with applicable law.
5. The Service Provider reserves that during maintenance works on ICT systems, access to services provided within the Platform may be hindered or impossible; the Service Provider undertakes to make every effort to ensure that such disruptions occur as rarely and for as short a period as possible.
6. The Trainer may withdraw from the Agreement within 14 days from its conclusion without giving any reason. In such case, the Trainer shall submit to the Service Provider a statement of withdrawal from the Agreement in writing to the Service Provider's registered office address indicated in Section 1.a of the Terms of Service, or by contacting the Service Provider via the contact form available at https://fitebo.com/en/contact, whereby the date of submission of the statement of withdrawal from the Agreement shall be deemed to be the date of dispatch of the statement; such statement must be sent before the expiry of the withdrawal period. In the event of withdrawal from the Agreement, all payments shall be returned to the Trainer promptly, no later than within 14 days from the day on which the Service Provider received the statement of withdrawal from the Agreement. The refund shall be made using the same payment methods that were used by the Trainer, unless the Trainer expressly indicates another method of refund which will not involve any fees for the Trainer.
7. In the case of purchase of Features in the form of a Mobile Subscription, the rules governing withdrawal from the agreement concerning such subscription, its cancellation, and refunds are determined by the terms of the relevant Mobile Store and mandatory provisions of law.
8. To the fullest extent permitted by law, the Service Provider shall not be liable for disruptions, including interruptions in the functioning of the Platform, caused by force majeure or unlawful acts of third parties.
General conditions for the use of the Services by the Trainer
1. The Trainer is obliged to protect the confidentiality of the data used to gain access to the Trainer's Account on the Platform, in particular by not disclosing such data to third parties.
2. It is prohibited for the same person to hold more than one account on the Platform.
3. It is prohibited to share one account between two or more persons, in particular for the Trainer to make the Trainer's Platform login credentials available to third parties.
4. A Client Card constitutes a representation of the data of one natural person. In particular, the following is prohibited:
  1. entering the data of more than one natural person into one Client Card.
  2. creating a Training Plan assigned to one Client with the intention of transferring it to more than one natural person.
  The Trainer thereby undertakes to honestly comply with the Client limit in accordance with the purchased package.
5. The Trainer undertakes that content created by the Trainer using the Platform:
  1. does not infringe the rights and freedoms of other persons.
  2. is not unethical in any way.
  3. does not, to any extent, promote or refer to religious values, cultural values, the sexual sphere and sexual preferences, or political preferences.
  4. does not incite racist or xenophobic behaviour or any manifestations of aggression and violence.
Trainer personal data and information about Cookies
1. The rules for processing the Trainer's personal data and the rules for the use of Cookies by the Service Provider are described in the Privacy Policy available at https://fitebo.com/en/privacy-policy
Data Processing Agreement
1. As part of the Services provided on the Platform, the Trainer may enter and store Clients' personal data using the Platform Features. To the extent that the Service Provider processes such data on behalf of the Trainer, the Data Processing Agreement applies as an addendum to the Service Agreement and an integral part of the legal relationship between the Trainer and the Service Provider.
2. The Data Processing Agreement is concluded electronically at the moment indicated in Section 9.d above, without the need to conclude a separate written agreement, and remains in force for the duration of the Service Agreement to the extent that the Trainer uses functionalities resulting in the entrustment of personal data to the Service Provider.
3. The current text of the Data Processing Agreement is available at https://fitebo.com/en/dpa and is incorporated into the Service Agreement by reference.
Intellectual property and licence
1. The Service Provider is the sole owner of all intellectual property rights related to the Platform.
2. As part of the Paid Service, the Service Provider grants the Trainer a non-exclusive, non-transferable licence, limited in time to the period of use of the Paid Service, authorising the Trainer to use the materials made available on the Platform.
3. The licence referred to above is granted solely for the Trainer's own use related to servicing the Trainer's Clients. This licence authorises the Trainer to:
  1. display materials made available on the Platform on the screen of a computer, tablet, and telephone possessed by the Trainer
  2. save Training Plans on any storage media and print them
4. Any actions beyond the scope of the licence referred to above, including in particular:
  1. copying the content of the Platform or any part thereof
  2. copying, saving, or sharing photographs and/or graphics made available on the Platform in a manner other than that specified in Section 13.c
  are prohibited without the Service Provider's written consent.
Complaints
1. Complaints related to the functioning of the Platform should be submitted electronically via the contact form available at https://fitebo.com/en/contact
2. A complaint should include:
  1. the email address of the Trainer for which the account was registered
  2. the date and time of the event to which the complaint relates
  3. a detailed description of the event to which the complaint relates
3. The deadline for submitting a complaint is 14 days from the occurrence of the event to which the complaint relates. The date of submission of the complaint shall be deemed to be the day on which the Service Provider receives the message sent via the form as specified in Section 14.a.
4. The Service Provider shall respond to the complaint within 14 days from receipt of a correct complaint submission as specified in Sections 14.a and 14.b. If an incomplete complaint submission is received, the Service Provider shall request that the Trainer supplement it.
5. The Service Provider shall provide a response to the complaint via email to the email address provided by the Trainer in the complaint submission.
6. In the case of purchases made outside the Mobile Store, if it becomes necessary to refund funds, the Service Provider shall make the refund using the same payment method used by the Trainer, unless the Trainer expressly agrees to another refund method that does not involve any costs for the Trainer.
7. In the case of a purchase made in the form of a Mobile Subscription, matters concerning payment, charging of the account, subscription cancellation, and refunds are handled by the relevant Mobile Store in accordance with its regulations, subject to mandatory provisions of law.
Right to delete the Trainer's account
1. The Trainer may delete the Trainer's account at any time and without stating any reason by using the appropriate option available after logging in to the Platform.
2. For the security of the Trainer's account, the deletion procedure lasts 7 days, during which the Trainer may cancel the account deletion request by using the appropriate option available after logging in to the Platform.
3. Deletion of the account does not affect any obligations related to payment for subscriptions arising before the day of account deletion.
4. Deletion of the Account on the Platform does not automatically cancel the Mobile Subscription. In order to avoid being charged for the next billing period, the Trainer should cancel the Mobile Subscription directly in the account settings of the relevant Mobile Store.
5. Account deletion results in:
  1. termination by the Trainer, with immediate effect, of the agreement for the provision of services on the Platform.
  2. deletion of data entrusted under the Data Processing Agreement, including, among other things, Training Plans and Client Cards.
  3. disabling Clients' access to Fitebo Companion and deletion of all data entered by Clients in Fitebo Companion.
  4. disabling the Trainer's access to the account on the Platform and archiving the Trainer's remaining data, including, among other things, email address, first name, surname, company name, and address details. The archived data shall be deleted after 3 years.
6. Deletion of the Trainer's account before the end of the period for which paid services were purchased does not entitle the Trainer to receive a refund of all or part of the fees paid to the Service Provider, subject to Section 14.g and mandatory provisions of law.
Procedure in the event of violation of law or the Terms of Service by the Trainer
1. If the Trainer, through the Trainer's activity on the Platform, violates Polish law or the Terms of Service, in particular, but not exclusively, Section 10.d of the Terms of Service, the Service Provider shall call upon the Trainer to cease such actions by means of:
  1. an email message sent to the email address provided upon registration of the account on the Platform,
  2. a displayed notice after logging in to the Trainer's account on the Platform.
2. In the notice referred to in Section 16.a, the Service Provider shall set a deadline of at least 7 days to cease the violations.
3. If the actions referred to in Section 16.a are not ceased within the indicated period, the Service Provider has the right to:
  1. place a block on the Trainer's account preventing the purchase of another subscription and consequently refuse to provide paid services to the Trainer.
  2. terminate, with immediate effect, the agreement for the provision of paid services on the Platform, if applicable.
  3. terminate, with immediate effect, the agreement for the provision of free services on the Platform.
  4. delete the account together with all data entered by the Trainer on the Platform, including, among other things, Training Plans and Client Cards.
4. The Service Provider shall not be liable for any damage suffered by the Trainer as a result of taking the steps listed in Section 16.c in a situation where the Trainer violated the law or the Terms of Service and failed to cease such actions after being called upon to do so. In particular, the Trainer shall not be entitled to a refund of payments made for purchased subscriptions.
5. The Service Provider reserves the right not to enter into cooperation again with Trainers whose account has been blocked or deleted as a result of violating the law or the Terms of Service, and also to block the Trainer's email address from creating another account on the Platform.
Final provisions
1. The Terms of Service shall apply from the date of publication until revoked.
2. The Service Provider shall notify of any amendments to the Terms of Service by email at least 14 days before they enter into force.
3. The Trainer may refuse to accept an amendment to the Terms of Service by terminating the Agreement. Failure to terminate the Agreement before the amendments to the Terms of Service enter into force shall be deemed acceptance thereof and an intention to continue the Agreement on the amended terms.
4. To the extent applicable to services provided to the Trainer, the documents indicated in the Terms of Service, including the Data Processing Agreement, also constitute an integral part of the Agreement.
5. The law governing the Agreement between the Trainer and the Service Provider, the subject matter of which are services provided by the Service Provider within the Platform under the terms set out in the Terms of Service, is Polish law.
6. Any disputes arising in connection with the application of the provisions of the Terms of Service shall be resolved amicably by the Parties, and in the absence of the possibility of reaching an agreement, all disputes shall be resolved by the competent Polish common courts.
7. If any claims are asserted against the Service Provider, the Trainer undertakes, at the Trainer's own cost and risk, to take all legal steps ensuring due protection against third-party claims and to cover all costs and losses related thereto.