Terms and Conditions

These Terms and Conditions apply to your use of Fittar (the "App"), developed, operated and technically provided by Fittar B.V. ("Fittar", "we", "us"). Fittar is your contracting party for the use of the App. By creating an account or using the App, you agree to these Terms and Conditions (the "Agreement").

Fittar B.V. is registered with the Dutch Chamber of Commerce (KVK) under number 74409603 and has its offices at Abe Lenstra Boulevard 50-6, 8448 JB Heerenveen, the Netherlands. Contact: info@fittar.eu.

These Terms and Conditions also apply to any white-label versions of the Fittar platform that are provided or technically operated by Fittar B.V. under other brand names. Certain features may be subject to additional terms presented to you in the App; those additional terms form part of this Agreement.

1. Who may use the App

You must be at least 16 years old to create an account and use the App. By using the App you confirm that you meet this age requirement. If we become aware that a user is younger than 16, we may suspend or delete the account. You are responsible for complying with the laws that apply to you when using the App.

2. Your license to use the App

Subject to your compliance with this Agreement, Fittar grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the App and its content for your own private, non-commercial use. Any use in a commercial setting, such as gyms, studios or wellness centers, requires our prior written permission.

You will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer or disassemble the App, interfere with or damage the App, or use the App or any part of it to build a competing product. All rights not expressly granted are reserved.

3. Subscriptions, trials and payment

Features of the App require a paid subscription. Subscriptions are offered on a monthly or yearly basis, as shown in the App at the moment of purchase, and are purchased through the Apple App Store or Google Play Store. Apple or Google processes your payment and stores your payment details; Fittar does not receive or store your payment card information.

We may offer free trial periods. The duration and conditions of a trial are shown at sign-up. If a trial converts into a paid subscription, this is clearly indicated before you confirm; you will not be charged without having actively confirmed a purchase through your app store account.

Subscriptions renew automatically at the end of each subscription period, at the then-current price, unless you cancel before the renewal date. After an automatic renewal of a yearly subscription, you can cancel at any time with effect from the end of the current monthly period, in accordance with Dutch law.

4. Cancellation and refunds

You cancel your subscription through the channel where you purchased it: in the subscription settings of your Apple or Google account. Cancellation takes effect at the end of the current billing period; until then you keep full access. Deleting the App does not cancel your subscription.

Refund requests for purchases made through the Apple App Store or Google Play Store are handled by Apple or Google under their own refund policies. Fittar cannot issue refunds for purchases processed by Apple or Google. If you believe you have been billed in error, contact Apple or Google support, or contact us at info@fittar.eu and we will help you find the right route.

5. Right of withdrawal

If you are a consumer in the European Union, you may have a statutory right of withdrawal for digital services. By purchasing a subscription, you expressly request that the service begins immediately and acknowledge that access to the subscribed digital service is provided without delay. You further acknowledge that, where applicable under mandatory law, your right of withdrawal may be lost once the digital service has been fully performed. If you exercise your right of withdrawal before full performance, we may charge you a proportionate amount for the service provided up to the time of withdrawal, as permitted by applicable law.

For subscriptions purchased through the Apple App Store or Google Play Store, cancellations, withdrawals, and refund requests are processed exclusively through the respective platform in accordance with its policies and applicable law. The withdrawal and refund process is operated by Apple or Google as described in Section 4.

6. Price changes

We may change subscription prices. Price changes never apply retroactively and never during a period you have already paid for. We will inform you of a price change in advance through the App, by email, or through your app store. If you do not agree with a price increase, you can cancel your subscription before the new price takes effect; the increase then never applies to you.

7. Termination or suspension by Fittar

Fittar may suspend or terminate your account if you materially violate this Agreement, provide false information, or engage in conduct that is unlawful, threatening, abusive or harassing towards Fittar, its team or other users. Where reasonable, we will warn you first and give you the opportunity to respond. If your account is terminated for a material violation, no refund is due for the remaining subscription period, except where mandatory law provides otherwise. Upon termination of your account, we handle your personal data as described in our Privacy Policy.

8. Health disclaimer and professional advice

The App offers health, fitness, nutrition and wellbeing information for general educational and motivational purposes only. It is not medical advice, diagnosis or treatment, and it is no substitute for advice from a physician, physiotherapist, dietitian or other qualified professional. Consult your physician before beginning a new fitness program, especially if you are pregnant, have a chronic condition, are recovering from injury or illness, or belong to any other at-risk group. Some exercises, breathing techniques or recommendations may not be suitable for you. Always listen to your body and stop when something does not feel right.

If you encounter advice in the App that appears harmful, inaccurate or contradictory, please report it to us at info@fittar.eu so we can improve the quality and safety of the service.

9. AI-generated content and coaching

Parts of the App use artificial intelligence, including the AI Coach (in-app and through WhatsApp), automated analysis of your meal logs, and personalized suggestions such as meal plans and training recommendations. Where you interact with an AI system, this is disclosed to you in the App and at the start of the WhatsApp conversation.

AI-generated content is general guidance, may contain inaccuracies, and is not professional medical, fitness or dietary advice. The App does not make automated decisions about you that produce legal effects or similarly significantly affect you within the meaning of Article 22 GDPR. You are responsible for reviewing suggestions before applying them.

Deliberate attempts to mislead or manipulate the AI systems, or to use them for purposes other than intended, are prohibited and may lead to suspension of your account.

10. WhatsApp Coach

The WhatsApp Coach lets you ask questions and log activities via WhatsApp and receive automated, AI-generated replies in the style of the App. By using this service you acknowledge that your messages are processed through WhatsApp, operated by Meta Platforms, which acts as an independent data controller for its own processing; that conversations may occasionally be reviewed by our team in pseudonymized form to ensure quality and reliability; and that a support staff member may take over the conversation when you indicate you need direct help. Details are set out in our Privacy Policy.

11. Motion tracking

The App can use your device camera for real-time motion tracking during workouts (powered by Asensei). All motion analysis takes place on your device. No camera images are captured, stored or transmitted by Fittar. You can use the App without motion tracking; camera access is optional and controlled through your device permissions.

12. User content

You may submit content to the App, such as meal photos, voice logs, text entries and a profile picture ("User Content"). You remain the owner of your User Content. You grant Fittar a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process and display your User Content solely to the extent necessary to operate, provide, secure and improve the App and its services. This license ends when you delete the content or your account, except for copies in routine backups, which are removed in accordance with our regular backup cycles.

Your User Content is not visible to other users, unless a feature explicitly states otherwise and you actively choose to share it. We will never use your User Content for marketing purposes without your separate, explicit consent.

You are responsible for ensuring that your User Content does not infringe the rights of others and is not unlawful. If you send us suggestions or feedback about the App, we may use those freely to improve our services, without any obligation to you.

13. Intellectual property

The App, its software, design, content, workouts, audio sessions, and the Fittar name and logo are protected by intellectual property rights and belong to Fittar, its licensors or its partners. Nothing in this Agreement transfers any of those rights to you. Content made available in the App may only be used within the App for your personal use. Trademarks of third parties remain the property of their respective owners.

14. Third-party services and links

The App may contain links to, or work together with, services operated by third parties (for example WhatsApp, Apple Health or Google services). Fittar does not control those services and is not responsible for their content or how they process your data. Their own terms and privacy policies apply.

15. Availability and changes to the App

Fittar may update, improve, add, change or remove features of the App at any time. We provide the App "as is" and "as available". We do our best to keep the App available and error-free, but we cannot guarantee uninterrupted or error-free operation, or that the App will meet your personal needs. You are responsible for your own internet access and a compatible device.

16. Liability

To the extent permitted by mandatory law, Fittar is not liable for indirect damage, consequential damage, lost profits or loss of data, and Fittar's total liability for all claims combined is limited to the amount you actually paid to Fittar for the App in the twelve (12) months preceding the event that caused the damage.

Nothing in this Agreement limits or excludes Fittar's liability for damage caused by intent or gross negligence of Fittar, for death or personal injury caused by a failure attributable to Fittar, or any other liability that cannot be limited or excluded under mandatory law. Nothing in this Agreement limits your statutory rights as a consumer.

17. Indemnification

You will indemnify Fittar against claims from third parties that arise from your violation of this Agreement or from User Content you submitted, to the extent the claim is attributable to you. This obligation does not apply to the extent a claim is caused by Fittar's own failure.

18. Changes to this Agreement

Fittar may modify this Agreement. If a change materially affects your rights or obligations, we will inform you in advance through the App or by email, at least 30 days before the change takes effect where reasonably possible. If you do not agree with a material change, you can stop using the App and cancel your subscription as described in Section 4. The date at the top of this document shows when it was last updated.

19. Apple and Google terms

If you downloaded the App from the Apple App Store: this Agreement is between you and Fittar, not with Apple. Apple has no obligation to provide maintenance or support for the App and is not responsible for any claims relating to the App, including product liability, legal compliance and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you. Similar principles apply to Google for downloads from Google Play. You must also comply with the applicable app store terms of service.

20. Governing law and disputes

This Agreement is governed by Dutch law. Disputes will be submitted to the competent court in the Netherlands. If you are a consumer, nothing in this clause deprives you of the protection of mandatory consumer law of your country of residence, or of your right to bring or defend proceedings before the court that is competent under statutory rules.

21. Miscellaneous

If any provision of this Agreement is found invalid or unenforceable, the remainder stays in force and the invalid provision will be replaced by a valid provision that best matches its intent. A failure by Fittar to enforce a right is not a waiver of that right. You may not transfer this Agreement to anyone else without our prior written consent; Fittar may transfer this Agreement to an affiliate or in the context of a merger, acquisition or asset sale, and will inform you when that happens. Our Privacy Policy forms part of this Agreement. This Agreement is the entire agreement between you and Fittar regarding the App.

Contact

Fittar B.V. · Abe Lenstra Boulevard 50-6, 8448 JB Heerenveen, the Netherlands · info@fittar.eu · KVK 74409603