General terms and conditions for sports provider

We, FITsociety B.V., offer via Software-as-a-Service (SaaS) the software FITsociety (the Software). This means that we provide the sports provider with access, through an application, to the Software developed by us. These are our general terms and conditions that apply to the use of the Software.

The address of FITsociety B.V. is Zadelmakerstraat 22B, 1991JE, Velserbroek, with KvK number: 87123487.

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

We have the right to amend these general terms and conditions. The sports provider agrees that the latest version of these general terms and conditions will always apply. Deviating agreements apply only if they have been accepted by us in writing.

Article 1 - General

These general terms and conditions apply to every use of our website www.coaching.fitsociety.nl (the Website), our application FITsociety for Trainers (the App), our Software, and to every offer and agreement we enter into with you.
The general terms and conditions are available in the App and on the Website.
If a provision of the general terms and conditions is void or voidable, this does not affect the validity of the rest of these general terms and conditions or the agreement to which they apply. The void or annulled provision will be replaced by a provision that follows the content of the void provision as closely as possible.

Article 2 - Our services

We offer various services. First, we provide the sports provider with a team account through the App, with a general dashboard containing the following functionalities:
1. management of the sports provider's profile;
2. administration and automated invoicing;
3. a payment system for customers;
4. a search function for CVs;.
5. a number of personal accounts for the sports provider's trainers, with the following functionalities for each personal account:
  - sharing nutrition and training plans with customers;
  - chat and communication options with customers;
  - calendar management and scheduling appointments with customers;
6. To use these functionalities for the customer or to share them with the customer, the customer must have an account with Fitsociety (via the App).
7. Second, we offer a platform on which customers and personal trainers can find the sports provider and where they can register for the sports provider's services (the Platform).
8. Through the Platform, customers can enter into an agreement with the sports provider for its service, pay, and remain connected with each other for further data exchange and physical coaching.

Article 3 - Role of Fitsociety

We make efforts to enable as many customers, sports providers and personal trainers as possible to use our Apps, websites, services and Platform.
The purpose of the Platform is to facilitate contact between the sports provider and a customer or personal trainer who wants to purchase the sports provider's service. We are otherwise not involved in or responsible for the arrangements that may be made between the sports provider and the customer. We are also not a party to an agreement between the sports provider and a customer. If a dispute arises between the sports provider and a customer, we cannot resolve that dispute.
We do our best to keep our information provision regarding, among other things, sports exercises and nutrition up to date. However, we cannot guarantee that all information originating from us is complete or correct.
We do not provide advice or guidance regarding sports exercises or nutrition. We are not responsible for the application of the sports exercises or the information about nutrition.

Article 4 - A customer

We refer to a customer when someone registers with the sports provider's profile via the registration button. The sports provider receives a notification of this in its account via the App. The sports provider can then contact the customer.
We have no influence over whether the customer subsequently purchases a service from the sports provider. We are therefore not responsible for this.
The number of customers who can register with the sports provider depends on the chosen subscription. If the sports provider has reached the maximum number of customers, its profile will no longer be findable on the Platform. The sports provider can of course continue to use the other services we offer.

Article 5 - Profile and rating

The sports provider's profile is made public on the Platform for customers and personal trainers when the profile has been completed 100%.
We reserve the right that the findability of the profile on the Platform may also be determined by the speed with which the sports provider responds to reactions from customers and personal trainers and by customer ratings.
We reserve the right that customers may rate the services and the profile through a rating system. The results of the rating may be made public.

Article 6 - Agreement with customer

The sports provider can offer its services and enter into agreements with customers through our Platform. We are not a party to this agreement.
The sports provider may agree with the customer on, among other things:
1. the price of the service;
2. the duration;
3. the content of the service;
4. any other arrangements;
5. whether its general terms and conditions apply, if applicable.
For the performance of the agreement, the sports provider will process personal data (such as invoicing data). The customer may also voluntarily share personal data with the sports provider and its trainers. The sports provider is responsible for the processing of these personal data: it is the controller within the meaning of the General Data Protection Regulation. The sports provider is required to have a privacy policy in which it explains to the customer how it handles the customer's personal data and how the sports provider protects them. The sports provider is also required to enter into a data processing agreement with us for the personal data it collects for its purposes and that we process for the sports provider in the Software.

Article 7 - CV

Depending on the chosen subscription, the sports provider can view CVs of personal trainers through the search system in our App and contact the personal trainer.
We are otherwise not involved in or responsible for the arrangements that may be made between the sports provider and the personal trainer.

Article 8 - Subscriptions and prices

We have various subscriptions. The specifications for each subscription are stated on the website. All our offers on the website are non-binding, unless otherwise agreed.
The prices we state are exclusive of any expenses, exclusive of VAT and other government-imposed levies.
We may adjust our prices and rates at any time. The price change will take effect 60 days after it has been announced.
If the sports provider does not agree to the price change, it may cancel its subscription within 30 days after the announcement. The subscription will then end on the date on which the price change takes effect.

Article 9 - Payment and collection costs

The sports provider can purchase a subscription from us via the Website or App. The first payment is made manually via Ideal. With this payment, the sports provider also grants authorization for the automatic collection of the monthly amount for the duration of the subscription.
Each month, we will debit the amount for the use of our services and Software from the sports provider's account by direct debit, on the day of the month equal to the day on which the subscription started.
If the sports provider does not meet its payment obligation on time, it is automatically in default. In that case, the sports provider owes statutory (commercial) interest on the outstanding amount. The interest on the due amount is calculated from the moment of default until the moment the full amount owed has been paid.
If the sports provider is in default, it 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:
1. 15% over the first € 2.500;
2. 10% over the part that then remains, up to €000;
3. 5% over the part that then still remains, up to € 10.000;
4. 1% over the part that then still remains, up to € 200.000;
5. 0.5% over the remaining part, with total collection costs amounting to a maximum of € 6.775.
Because we use automatic collection, the sports provider has the option to reverse a debit. We point out that an unauthorized reversal entails costs. For this we charge the administrative costs incurred, with a maximum of € 50,- excl. VAT per reversal. We therefore ask that you do not reverse the debit, but contact [email protected] if the sports provider does not agree with a debit.

Article 10 - Term and end of subscription

We enter into an agreement with the sports provider for the term of the subscription; this is the initial term. The subscription cannot be cancelled early during the initial term.
After the initial term of the subscription ends, the subscription is tacitly extended for an indefinite period. After the initial term, the sports provider can cancel the subscription effective at the end of the month, with a notice period of 1 calendar month.

Article 11 - Use of FITsociety

To use our Software, the sports provider creates a team account in our App. Depending on the subscription, the sports provider may create a number of personal accounts for employees designated by it. The sports provider is responsible for the use of the Software by its employees. The sports provider may not give anyone other than the employees designated by it access to (a backup copy of) the Software.
The sports provider and its designated employees must keep their account details and passwords strictly confidential. The sports provider is liable for all actions performed after login with the account details and password.
The sports provider itself is responsible for the technical operation and maintenance of the internet connection, internal network and all other IT systems required according to our system requirements for the use of the Software.
We have the right to block a team and/or personal account, without being obliged to compensate any damage resulting from this. We do this if we have a reasonable suspicion that one or more accounts are being used in violation of the law or this agreement. In addition, we reserve the right to attach other consequences to this use.
We also reserve the right to block a team and/or personal account for reasons other than those described in article 11.4, without being obliged to compensate any damage resulting from this. In that case, we will refund the amount already paid for a service not yet provided as soon as possible.

Article 12 - Availability and maintenance of FITsociety

We will ensure that the Software is available during the time that the sports provider has a subscription with us. We will make efforts to make the Software available 24 hours a day, 7 days a week. We are responsible for the operation and maintenance of the Software.
We may take the Software (partially) out of operation for maintenance. In principle, we carry out maintenance outside office hours (09:00 - 17:00). The sports provider will receive a notice from us 1 working day before the planned maintenance. We will not send a notice only in emergencies.
We reserve the right to change the Software and to modify, remove or add certain properties or functionalities of the Software.
We do not guarantee that the Software is error-free. Notify us immediately if the Software has a malfunction, such as an error message or the failure of a Software functionality. This can be done by emailing [email protected] We will then do our best to resolve the malfunction as quickly as possible.

Article 13 - Third parties

We may have work performed (in part) by third parties if we consider this necessary for the proper performance 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.
We may transfer, alienate or encumber the rights and obligations under the agreement and the general terms and conditions to a third party. If necessary, the sports provider will cooperate in this.

Article 14 - Force majeure

We are not liable if we cannot fulfil our agreements with the sports provider due to force majeure. If a force majeure situation in which no use of the App and the Software is possible lasts longer than three months, the subscription may be cancelled in writing. In that case, there is no right to compensation. We will send the sports provider an invoice for the (not yet paid) period during which the Software was used.

Article 15 - Intellectual property rights

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 arise from the Software.
The sports provider only receives the right to use the Software. The sports provider cannot claim the intellectual property rights referred to in paragraph 1. The right to use the Software is not exclusive and it is not permitted to transfer or license the right to use the Software.

Article 16 - Confidentiality

We are obliged to keep all confidential information of the sports provider confidential. By 'confidential information' we mean all information that has been indicated as confidential or whose confidentiality follows from the nature of the information. The following is in any event confidential information:
1. information related to research and development, trade secrets or business information;
2. personal data as referred to in the General Data Protection Regulation (GDPR).

Article 17 - Liability

The sports provider indemnifies us against all claims by others due to the data it has stored, collected or processed using the Software. We are not liable for the content of the data that the sports provider has stored, collected or processed within the Software.
We are not liable for damage caused by improper use of the Software.
We are only liable for the direct damage of the sports provider that is directly and exclusively the result of a shortcoming on our part.
Our liability is always limited to a maximum of € 50, or to the amount that our insurer pays out in that case.
We undertake to ensure careful storage of the data originating from the sports provider. We are not liable for damage to or loss of the data stored with us or with third parties.
The limitations of liability included 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 District Court.