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Terms and Conditions

We, Fitsociety B.V., offer software through Software-as-a-Service (SaaS) under the name FITsociety (the Software). This means we provide you access to the Software via an application that we have developed. These are the terms and conditions applicable to the use of the Software.

The address of FITsociety B.V. is Zadelmakerstraat 22B, 1991JE, Velserbroek, registered with the Chamber of Commerce under number: 87123487.

If you have any questions about these terms and conditions or the Software, do not hesitate to contact us at [email protected].

We reserve the right to amend these terms and conditions. You agree that the most recent version of these terms and conditions will always apply. Deviating agreements are only valid if confirmed by us in writing.

Article 1 – General

  1. These terms and conditions apply to any use of our website www.coaching.fitsociety.nl (the Website), our FITsociety for Trainers application (the App), our Software, and to any offer and agreement we enter into with you.
  2. The terms and conditions are available in the App and on the Website.
  3. If any 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 closely follows the content of the original provision as much as possible.

Article 2 – Our Services

  1. We offer various services. Firstly, through the App, we provide you with a personal account featuring a dashboard with the following functionalities:
    1. management of your own profile;
    2. administration and automated invoicing;
    3. a payment system for clients;
    4. sharing nutrition and training schedules with clients;
    5. chat and communication options with clients;
    6. agenda management and appointment scheduling with clients;
    7. CV management and sharing function.
  2. To use or share these functionalities with your client, your client must have an account (via the App) with Fitsociety.
  3. Secondly, we provide a platform where clients and sports providers can find you and sign up for your services (the Platform).
  4. Through the Platform, clients can enter into an agreement with you for your service, pay you, and communicate with you for further data exchange and physical coaching.

Article 3 – Role of Fitsociety

  1. We strive to ensure that as many clients, sports providers, and personal trainers as possible use our Apps, websites, services, and Platform.
  2. The purpose of the Platform is to facilitate contact between you and a client or sports provider interested in your service. We are not involved in or responsible for the agreements that may be made between you and the client. We are also not a party to any agreement between you and a client. If a dispute arises between you and a client, we cannot resolve it for you.
  3. We do our best to keep our information, such as sports exercises and nutrition, up-to-date. However, we cannot guarantee that all information provided by us is complete or accurate.
  4. We do not offer advice or guidance on sports exercises or nutrition. We are not responsible for the application of the sports exercises and the nutritional information.

Article 4 – A Client

  1. We refer to a client as someone who signs up for your profile via the sign-up button. You will receive a notification in your App when this happens. You can then contact this client.
  2. We have no influence on whether the client subsequently purchases a service from you. We are not responsible for this.
  3. The number of clients that can sign up with you depends on your chosen subscription. If you have reached the maximum number of clients, your profile will no longer be visible on the Platform. However, you can still use the other services we offer.

Article 5 – Profile and Rating

  1. Your profile will be made public on the Platform for clients and sports providers when you have completed 100% of your profile.
  2. We reserve the right to determine the visibility of your profile on the Platform based on your responsiveness to clients and sports providers and client ratings.
  3. We reserve the right to allow clients to rate your services and profile through a rating system. The results of these ratings may be made public.

Article 6 – Agreement with Client

  1. You can offer your services and enter into agreements with clients via our Platform. We are not a party to these agreements.
  2. With the client, you can agree on matters such as:
    1. the price of the service;
    2. the duration;
    3. the content of the service;
    4. any additional agreements;
    5. whether your terms and conditions apply.
  3. For the execution of the agreement, you will process personal data (such as billing information). The client may also voluntarily share personal data with you. As a personal trainer, you are responsible for processing this personal data: you are the data controller within the meaning of the General Data Protection Regulation (GDPR). You are required to have a privacy policy explaining to your client how you handle and protect their personal data. You are also required to enter into a data processing agreement with us for the personal data you collect for your purposes and that we process for you in the Software.

Article 7 – CV

  1. Depending on your chosen subscription, you may use the option to make your CV public to sports providers via the App. Sports providers can view your CV through a search system in our App and contact you.
  2. We are not involved in or responsible for any agreements made between you and the sports provider.

Article 8 – Subscriptions and Prices

  1. We offer various subscriptions that you can purchase from us. The specifications for each subscription are listed on the website. All our offers on the website are without obligation unless otherwise agreed.
  2. The prices we list are exclusive of any additional costs, VAT, and other government levies.
  3. We may adjust our prices and rates at any time. The price change will take effect 60 days after its announcement.
  4. If you do not agree with the price change, you can cancel your subscription within 30 days of the announcement. The subscription will then end on the date the price change takes effect.

Article 9 – Payment and Collection Costs

  1. You can purchase a subscription from us via the Website or App. The first payment is made manually via Ideal. With this payment, you also authorize the automatic collection of the monthly fee for the duration of your subscription.
  2. We will automatically debit the monthly fee for using our services and Software from your account on the same day of the month your subscription started.
  3. If you fail to meet your payment obligation on time, you are automatically in default. In that case, you will owe statutory (commercial) interest on the outstanding amount. The interest on the due amount is calculated from the moment you are in default until the full amount due is paid.
  4. If you are in default, you are also liable for 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:
    1. 15% on the first €500;
    2. 10% on the next portion up to €5,000;
    3. 5% on the next portion up to €10,000;
    4. 1% on the next portion up to €200,000;
    5. 0.5% on the remaining amount, with the total collection costs not exceeding €6,775.
  5. Since we use automatic debits, you can reverse a debit. We note that an unauthorized reversal incurs costs. We charge administration costs up to a maximum of €50 excluding VAT per reversal. We, therefore, ask you not to reverse but to contact [email protected] if you disagree with a debit.

Article 10 – Duration and Termination of Subscription

  1. We enter into an agreement with you for the duration of the subscription, which is the initial term. The subscription cannot be terminated early during the initial term.
  2. After the initial term, the subscription will be automatically renewed for an indefinite period. You can cancel your subscription after the initial term at the end of the month, with one month’s notice.

Article 11 – Use of FITsociety

  1. If you wish to use our Software, you must create an account in our App. Only you may use the personal account. You may not allow others to access (a backup of) the Software.
  2. You must keep your account details and password strictly confidential. You are responsible for all actions taken after logging in with the account details and password.
  3. You are responsible for the technical operation and maintenance of your internet connection, internal network, and all other IT systems required for using the Software according to our system requirements.
  4. We have the right to block a personal account if we reasonably suspect that one or more personal accounts are being used in violation of the law or this agreement. We are not obliged to compensate for any damages resulting from this. We also reserve the right to impose other consequences on such use.
  5. We also reserve the right to block your personal account for reasons other than those described in article 11.4, without being liable for any resulting damages. Any amount already paid for an undelivered service will be refunded as soon as possible.

Article 12 – Availability and Maintenance of FITsociety

  1. We will ensure that you can use the Software during the time you have a subscription with us. We will strive to make the Software available 24 hours a day, 7 days a week. We are responsible for the operation and maintenance of the Software.
  2. We may take the Software (partially) offline for maintenance. Maintenance is typically carried out outside office hours (09:00 – 17:00). You will receive a notification from us one business day before the scheduled maintenance. In emergencies, we may not provide a notification.
  3. We reserve the right to modify the Software and to change, remove, or add certain features or functionalities of the Software.
  4. We do not guarantee that the Software is error-free. Notify us immediately if the Software has an issue, such as an error message or a functionality failure. You can do this by emailing [email protected]. We will then do our best to resolve the issue as quickly as possible.

Article 13 – Third Parties

  1. We may have work (partially) performed by third parties if we deem it necessary for the proper execution of the agreement. Articles 7:404 BW (performance by a specific person), article 7:407 paragraph 2 (joint and several liability), and 7:409 BW (death of a specific person) do not apply.
  2. We may transfer, encumber, or assign the rights and obligations under the agreement and the terms and conditions to a third party. If necessary, you will cooperate in this matter.

Article 14 – Force Majeure

We are not liable if we cannot fulfill our agreements with you due to force majeure. If a force majeure situation, where the App and Software are completely unusable, lasts longer than three months, you may terminate the subscription in writing. In that case, there is no right to compensation. We will send you an invoice for the (unpaid) period during which you used the Software.

Article 15 – Intellectual Property Rights

  1. We (or our licensors or suppliers) are the exclusive owners of all existing and future intellectual property rights, such as copyrights, trademark rights, design rights, patent rights, source code, and know-how, that rest on or result from the Software.
  2. You are only granted the right to use the Software. You cannot claim the intellectual property rights mentioned in paragraph 1. The right to use the Software is non-exclusive and cannot be transferred or sublicensed.

Article 16 – Confidentiality

  1. We are obliged to keep all your confidential information confidential. ‘Confidential information’ means all information that you have indicated is confidential or that is inherently confidential. The following is considered confidential information:
    1. information related to research and development, trade secrets, or business information;
    2. personal data as defined in the General Data Protection Regulation (GDPR).

Article 17 – Liability

  1. You indemnify us against all claims from others concerning the data you have stored, collected, or processed using the Software. We are not liable for the content of the data you have stored, collected, or processed within the Software.
  2. We are not liable for any damage resulting from improper use of the Software.
  3. We are only liable for your direct damage, which is directly and exclusively caused by our failure.
  4. Our liability is always limited to a maximum of €50 or the amount paid by our insurer in that case.
  5. We are committed to ensuring the careful storage of the data you provide. We are not liable for damage or loss of data stored with us or third parties.
  6. The liability limitations in this article do not apply if the damage is due to intent or gross negligence on our part.

Article 18 – Applicable Law

Dutch law.

Article 19 – Competent Court

Amsterdam Court.