Terms and Conditions

Terms and Conditions for Coaches and Members

Article 1 - Definitions

FITsociety: FITsociety B.V., located at Zadelmakerstraat 22B, 1991JE, Velserbroek, the Netherlands, registered with the Chamber of Commerce under number 87123487, VAT number NL864210115B01. FITsociety is the provider of the Software and related services as described in these terms and conditions.
Coach: The personal trainer, fitness professional or other type of user who purchases and uses the Software of FITsociety to offer services to Members, including but not limited to training programs, nutrition plans and coaching.
Member: The customer of the Coach who obtains access to the Software through the Coach and uses the services and functionalities offered by the Coach within the Software.
Software: The applications and platforms offered by FITsociety, available through the Websites *.fitsociety.nl and fitsociety.io and through the Apps in the Apple App Store and Google Play Store.
Websites: The websites *.fitsociety.nl and fitsociety.io, owned and operated by FITsociety B.V.
Apps: The mobile applications of FITsociety, available in the Apple App Store and Google Play Store.
Whitelabel App: An app managed and published by FITsociety that is made available under the name and logo of the Coach, while the underlying Software remains the property of FITsociety.
Feature Buy-In: The model used by FITsociety under which a customer or coach contributes to the development costs of new functionalities without any intellectual property rights being transferred to that customer or coach.
Version: This version of the terms and conditions is version 1.1, effective date 01-10-2025.

Article 2 - General

These terms and conditions apply to any use of our Websites and Apps, the Software, and to every offer and agreement that we enter into with Coaches and Members.
The terms and conditions are available in the Apps and on the Websites.
If a provision of the terms and conditions is void or voidable, this does not affect the validity of the rest of these terms and conditions or the agreement to which they apply. The void or voided provision will be replaced by a provision that follows the substance of the void provision as closely as possible.
Privacy Policy: For more information about how FITsociety handles personal data, please consult our privacy policy.

Article 3 - Our Services

We offer various services. First, we provide Coaches through the Apps with a personal account and a dashboard with the following functionalities:
- Management of their own profile;
- Administration and automated invoicing;
- A payment system for Members;
- Sharing nutrition and training plans with Members;
- Chat and communication options with Members;
- Calendar management and scheduling appointments with Members;
- CV management and sharing function.
To use these functionalities or share them with Members, the Member must have an account with FITsociety via the Apps.
Second, we offer a platform on which Members and sports providers can find the Coach and where they can register for the services of the Coach (the Platform).
Through the Platform, Members can enter into an agreement with the Coach for the services, pay for them and remain connected with the Coach for further data exchange, physical coaching and nutrition advice.

Article 4 - Role of FITsociety

We make efforts to enable as many Members, sports providers and Coaches as possible to use our Websites, Apps, services and Platform.
The purpose of the Platform is to facilitate that the Coach can come into contact with a Member or sports provider that wishes to purchase services. We are not otherwise involved in or responsible for the arrangements that may be made between the Coach and the Member. We are also not a party to an agreement between the Coach and the Member. If a conflict arises between the Coach and the Member, we cannot resolve that conflict for you.
We do our best to keep our information provision about, among other things, sports exercises, nutrition plans and nutrition up to date. However, we cannot guarantee that all information originating from us is complete or accurate.
We do not provide advice or guidance on sports exercises or nutrition. We are not responsible for the application of sports exercises, nutrition plans or information about nutrition.

Article 5 - Health Disclaimer and Limitation of Liability

General Health Disclaimer
- The content made available through the Software, including but not limited to training plans, nutrition advice and other health-related information, is intended for informational purposes only. This information does not constitute medical advice and is not a substitute for professional medical advice, diagnosis or treatment.
- Members are advised to consult a qualified health professional before starting any form of physical activity or dietary change, especially if they have existing medical conditions or injuries.
Liability for Injuries
- FITsociety is not liable for any form of physical injuries, health problems or damage arising from or related to the use of the Software, including following training plans, nutrition plans and nutrition advice provided through the Software.
- Use of the Software and participation in physical activities and nutrition programs are at the Member's own risk. Members acknowledge that physical activity and dietary changes inherently involve risks and accept these risks when using the Software.
Liability of Coaches
- Coaches who use the Software are independently responsible for the accuracy, suitability and safety of the training plans, nutrition plans and advice they provide to their Members.
- FITsociety is not responsible or liable for content provided by Coaches through the Software. Any claims or disputes arising from such content must be handled directly with the Coach concerned.
Indemnification
- Coaches and Members agree to indemnify FITsociety, its employees, agents and affiliated companies against all claims, liabilities, costs and expenses (including legal costs) arising from or related to their use of the Software, including but not limited to injuries, health problems or property damage.
Limitation of Indirect Damage
- FITsociety is not liable for indirect damage, including but not limited to lost profits, loss of data or any other consequential damage arising from the use of the Software.

Article 6 - Payments and Financial Transactions

Direct Payments to Coaches
- Payments for services such as training programs and nutrition plans are made directly by Members to the Coach, not to FITsociety.
- FITsociety facilitates the payment process through the Software, but is not a party to the financial transactions between Members and Coaches. Any disputes about payments must be handled directly with the Coach concerned.
Subscriptions
- We offer various subscriptions that the Coach can purchase from us. The specifications for each subscription are stated on the Websites. All our offers on the Websites are non-binding, unless otherwise agreed.
- The prices we state exclude any expenses, exclude VAT and other government levies.
- We may adjust our prices and rates at any time. The price change will take effect 60 days after its announcement.
- If the Coach does not agree to the price change, the Coach may cancel the subscription within 30 days after the announcement. The subscription will then end on the date on which the price change takes effect.
- FITsociety reserves the right to temporarily block the account of a Coach if a payment has failed, until the payment has been made.
Offers and Quotations
- All offers made by FITsociety concerning prices or quotations are valid for a maximum of 30 days, unless expressly stated otherwise.

Article 7 - Acceptance of Risks

Members acknowledge and accept that participation in physical training programs and following nutrition plans involves risks, including but not limited to physical injuries, disability and even death.
By using the Software, Members agree to accept these risks and waive any claims against FITsociety for any damage or injury arising from their participation in such activities.

Article 8 - Qualifications and Certifications of Coaches

Coaches who use the Software guarantee that they have the necessary qualifications, certifications and experience to provide professional training and health advice, including nutrition advice.
FITsociety does not verify the qualifications or certifications of Coaches and is not responsible for incorrect or misleading information provided by Coaches regarding their competencies.
Any disputes or claims relating to the qualifications or the quality of the services of Coaches must be handled directly with the Coach concerned.

Article 9 - Use by Minors

The Software is intended for use by persons aged 18 years and older. Minors between 16 and 18 years may use the Software under supervision and with the express consent of a parent or legal guardian.
Coaches must ensure that, when coaching minor Members, they comply with all applicable laws and regulations and, where necessary, obtain written consent from parents or guardians.
FITsociety is not responsible for unauthorized use of the Software by minors.

Article 10 - Payment and Collection Costs

The Coach can purchase a subscription from us through the Websites or Apps. The first payment is made manually by the Coach via iDEAL, credit card or Bancontact. With this payment, the Coach also grants authorization for automatic collection of the monthly amount for the duration of the subscription.
We will debit the monthly amount for the use of our services and Software by direct debit from the Coach's account, on the day of the month equal to the day on which the subscription started.
If the Coach does not meet the payment obligation on time, the Coach is automatically in default. In that case, the Coach owes the statutory (commercial) interest on the outstanding amount. Interest on the due amount is calculated from the moment the Coach is in default until the moment the fully owed amount has been paid.
If the Coach is in default, the Coach also owes us all extrajudicial collection costs. For an outstanding amount up to € 267 these costs will be € 40. For a higher amount, the maximum collection costs are as follows:
- 15% over the first €500;
- 10% over the part that remains thereafter, up to € 5.000;
- 5% over the part that still remains thereafter, up to € 10.000;
- 1% over the part that still remains thereafter, up to € 200.000;
- 0,5% over the remaining part, with total collection costs capped at € 6.775.
Because we use direct debit, the Coach has the option to reverse a debit. We point out that an unauthorized reversal involves costs. For this, we charge the administration costs incurred, with a maximum of € 50,- excl. VAT per reversal. We therefore ask the Coach not to reverse the debit, but to contact [email protected] if the Coach disagrees with a debit.

Article 11 - Ownership and License of the FITsociety Software

All intellectual property rights relating to the Software, the Websites, the Apps and any Whitelabel Apps - including but not limited to copyrights, database rights, trademarks, domain names, design rights, source and object code, designs, user interfaces and documentation - belong exclusively to FITsociety B.V. or its licensors. Nothing in these terms and conditions or in any agreement can be interpreted as a transfer of these rights to the Coach or Member.
FITsociety grants the Coach and the Member a personal, limited, non-exclusive, non-transferable and non-sublicensable right of use (license) to use the Software during the term of the agreement, solely for their own use and in accordance with the purpose for which the Software is made available.
If FITsociety makes a Whitelabel App available, the underlying Software remains fully owned by FITsociety. The Coach is entitled to use the App under the Coach's own name and logo for the duration of the agreement. Use of the name and logo of the Coach in a Whitelabel App does not create any rights in relation to the Software itself.
The user is expressly prohibited, without prior written consent from FITsociety, from:
- copying, distributing, renting out, sublicensing or making public the Software or Whitelabel Apps in whole or in part;
- modifying, translating, reverse-engineering, decompiling or otherwise attempting to discover the source code of the Software or Whitelabel Apps, or having this done;
- using the Software or Whitelabel Apps for any purpose other than as provided in these terms.
Upon termination of the agreement, the license ends by operation of law. FITsociety may then block access to the Software and Whitelabel Apps and remove any Whitelabel Apps published by FITsociety from the app stores.

Article 12 - Feature Buy-In

For certain additional functionalities, FITsociety uses a so-called Feature Buy-In model. This means that FITsociety starts the development of new features based on specific wishes of the Coach or Customer.
Within this model:
- FITsociety carries out the functional analysis, design and development in close cooperation with the Customer;
- the Customer provides input and feedback during the process;
- the cooperation results in a solution that fits the Customer's business operations, but is generically applicable within the FITsociety platform.
The Customer pays a contribution to the development costs. This contribution grants the Customer no intellectual property rights to the developed functionality, source code, designs or documentation. As provided in article 11, all intellectual property rights remain fully with FITsociety B.V.
FITsociety reserves the right to offer the developed functionality, whether or not in modified form, to other users or customers.
After delivery, FITsociety is responsible for ongoing maintenance, further optimizations and integration within the broader FITsociety platform.
By participating in a Feature Buy-In, the Customer declares that the Customer has taken note of and agrees to these terms.

Article 13 - User Content and Intellectual Property Rights

Coaches and Members retain all rights to the content they create and upload within the Software, such as training plans, nutrition plans, photos and other materials.
By uploading content to the Software, Coaches and Members grant FITsociety a non-exclusive, worldwide, royalty-free license to use, reproduce, modify and distribute this content for the provision and improvement of the services.
Coaches and Members guarantee that they have the right to upload such content and that it does not infringe the rights of third parties.
Coaches and Members are not permitted to upload images, videos or other content from the internet within the Software without having acquired the necessary rights. If a Coach or Member uploads an image or other content for which no rights have been acquired, this is prohibited. If the rights holder comes forward with a claim, all costs arising from it will be entirely for the account of the Coach or Member who uploaded the relevant content.
Use of Anonymous Data
- FITsociety reserves the right to collect and use anonymized user data for statistical and analytical purposes, to improve the Software and services.
Responsibilities of Users in Case of Third-Party Infringements
- Users are fully responsible for the content they upload and guarantee that it does not infringe the rights of third parties. In the event of an infringement, the user will be liable for all costs and damage arising from it.

Article 14 - Termination and Suspension of Accounts

FITsociety reserves the right to terminate or suspend user accounts (of both Coaches and Members) in the following cases:
- Breach of these terms and conditions;
- Misuse of the Software, such as uploading harmful software or carrying out illegal activities;
- Non-payment of owed amounts after repeated reminders;
- Unauthorized access to or use of the Software;
- Infringement of the rights of other users or third parties.
In the event of termination of an account, FITsociety will inform the user via the contact details specified in the account. The amount already paid for services not yet delivered will not be refunded or set off, unless otherwise agreed. Outstanding costs must at all times be paid or settled.
After termination of an account, the user's personal data will be retained for a maximum period of 90 days, after which it will be permanently deleted, unless otherwise required by law.
Explicit Exclusion of Improper Use
- Users are not permitted to use the Software for illegal or unauthorized purposes. FITsociety reserves the right to terminate accounts that engage in this without prior notice.

Article 15 - Restrictions on Use of the Software

Users may use the Software only for legitimate purposes and in accordance with these terms and conditions.
It is prohibited to use the Software for:
- Uploading or distributing harmful software, viruses or any other harmful code;
- Carrying out illegal activities or activities that conflict with public order or morality;
- Distributing content that infringes the rights of third parties, including intellectual property rights.
FITsociety reserves the right to remove content that conflicts with these terms without prior notice and, if necessary, to take legal action.

Article 16 - Data Security

FITsociety takes appropriate technical and organizational measures to safeguard the security of personal and health data and to protect it against unauthorized access, loss or disclosure.
Coaches and Members are responsible for keeping their login details and passwords secure. FITsociety advises users to use strong passwords and change them regularly.
FITsociety will, in the event of a security breach affecting users' personal data, inform the users concerned as soon as possible and take the necessary measures to limit the breach.
User Backup Obligation
- It is the user's responsibility to make regular backups of all data stored in the Software. FITsociety is not liable for loss of data.

Article 17 - Specific Disclaimers for Mobile Apps

The availability of the Software through mobile apps depends on the network infrastructure and the user's device. FITsociety is not responsible for the unavailability of the Software as a result of network failures, device problems or incompatibility.
Certain functions of the Software may vary depending on the device or operating system used. FITsociety does not guarantee that all functions of the Software are available on every type of device or operating system.
Users are responsible for all costs arising from the use of the Software through mobile networks, including data costs.

Article 18 - Future Functionalities and Extensions

FITsociety reserves the right to extend the Software with new functions or services. Upon the introduction of new functions or services, FITsociety may amend these terms and conditions.
FITsociety will inform users in a timely manner about important changes to the Software or the terms and conditions that may affect their use of the Software.
Continued use of the Software after the introduction of new functions or services implies acceptance of the amended terms and conditions.
Updates and Changes to Functionalities
- FITsociety reserves the right to update, change or remove the Software or the functionalities offered at any time without prior notice.

Article 19 - Right of Withdrawal

No Right of Withdrawal for Digital Services: The right of withdrawal, as described in Dutch legislation (article 6:230p BW), does not apply to the services offered by FITsociety, because these services concern digital content without a physical medium that is made available to the user immediately upon purchase.
Exceptions for Businesses: This exclusion of the right of withdrawal applies to both consumers and businesses (Coaches and Members). Once access to the Software has been granted, it can no longer be cancelled or reversed, and there is no possibility of a refund of paid amounts, unless otherwise agreed in these terms.
Confirmation upon Purchase: When entering into a subscription or purchasing other digital services within the Software, the user (Coach or Member) expressly agrees that the user waives the right of withdrawal as soon as delivery of the service has begun.

Article 20 - Legal Compliance

FITsociety will offer its services in accordance with all relevant local, national and international laws and regulations, including but not limited to data protection, consumer rights and e-commerce legislation.
Users of the Software are responsible for complying with all applicable laws and regulations when using the Software, including but not limited to compliance with privacy and data protection laws.
Jurisdiction for International Users
- Dutch law applies to these terms and conditions. All disputes arising from or related to these terms and conditions will be submitted exclusively to the competent court in Amsterdam, the Netherlands.

Article 21 - Complaints Procedure

Coaches and Members who have complaints about the services of FITsociety or the information provided by a Coach can submit a complaint by contacting [email protected].
FITsociety aims to handle complaints within 14 days after receipt and to inform the user about this. If a complaint is complex and requires more time, FITsociety will inform the user of this with an indication of the expected timeframe.

Article 22 - Dispute Resolution and Arbitration

In the event of a dispute between FITsociety and a user, both parties will try to settle the dispute amicably through mediation or arbitration before legal steps are taken.

Article 23 - Miscellaneous Provisions

Severability: If any provision of these terms and conditions is deemed invalid or unenforceable, the remaining provisions will remain in full force. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that comes closest to the intent of the original provision.
No Waiver: The failure by FITsociety to enforce any provision of these terms and conditions will not be interpreted as a waiver of any right or provision.
Entire Agreement: These terms and conditions constitute the entire agreement between the user and FITsociety with respect to the subject matter herein and replace all prior or contemporaneous agreements, communications and proposals, whether oral or written.
Assignment: Coaches and Members may not transfer their rights or obligations under these terms and conditions without prior written consent from FITsociety. FITsociety may transfer its rights and obligations without consent from the Coach or Member.
Periodic Review: FITsociety reserves the right to periodically review these terms and conditions. Users will be informed in a timely manner about any changes. Continued use of the Software after a change to the terms implies acceptance of the amended terms.
Limit of Liability: The maximum liability of FITsociety toward a Coach or Member, for damage arising from or in connection with the services, is limited to the amount paid by the Coach or Member for the relevant service in the three months preceding the event giving rise to the liability.

Company details:

FITsociety B.V.
Zadelmakerstraat 22B,
1991JE, Velserbroek,
KvK: 87123487
BTW: NL864210115B01
[email protected]